



Go[yiight)^". 



CjOEffilGHT DEPOSIT, 



RECOLLECTIONS AND OPINIONS 



OLD PIONEER. 



BY 



PETER H. BURNETT, 

THE FIRST GOVEKNOB OF THE 8TATK OF CALIFORNIA. 



5^/31 



r-w 



NEW YORK: 
D. APPLETON AND COMPANY, 

1, 3, AND 5 BOND STEEET. 

1880. 



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'/] 



PKEFACE. 



Ix tlie month of October, 18G0, I began to write out 
my recollections and opinions, intending to leave the 
manuscript to my children, as I thought that a true ac- 
count of my opinions, and long and diversified expe- 
rience, might be of benefit to them and their posterity, 
though of less importance to others. But I had not 
progressed very far before I was interrupted by several 
causes. 

Since ISTovember, 1860, I had not further prosecuted 
my design until the month of March, 1878. In the 
month of December, 1877, a learned and distinguished 
historian, then and now engaged in writing a general 
history of the Pacific coast, called upon me, and kindly 
requested me to furnish him with such historical data 
as I possessed. Having already reduced to writing a 
considerable portion of my recollections and opinions, I 
determined to finish the work I had undertaken, and to 
permit him to take a copy of all, or such portions as he 
might desire, for his use in preparing his own history. 

I had lived so long and seen so much, and my ex- 



Vi PREFACE. 

perience had been so varied, that the task grew upon 
my hands as I proceeded, and has swollen into a volume 
almost double the size first anticipated. Until the 
month of October, 1879, and until after I had separately 
submitted the manuscript to the examination of two 
learned and able men, I had not decided to publish it. 
Circumstances have induced me to do so ; and, as the 
work has been so largely written from memory alone, its 
publication during my life will enable me to correct any 
serious mistakes I may have made. The narrative ends 
with September 26, 1878. 

The work, having been originally intended for my 
children, contains much personal and family history, 
more interesting to my relatives than to the general 
reader. Yet, as my own history is connected to some 
extent with that of the Western and Pacific States, I 
think there are some facts stated of general importance, 
which have not been, perhaps, so fully recorded by 
others. 

I was born a pioneer, as Nashville at the date of my 
birth was but a small village, and Tennessee a border- 
State, but thinly populated. I have been a pioneer 
most of my life ; and whenever, since my arrival in 
California, I have seen a party of immigrants, with 
their ox-teams and white-sheeted wagons, I have been 
excited, have felt younger, and was for the moment 
anxious to make another trip. If the theory of Symmes 
had been proven by time to be true, and had a fine and 
accessible country "been discovered at the north or south 



PREFACE. vii 

pole before I attained the age of sixty, I should have 
been sti'ongly tempted to organize a party of emigrants 
for that distant region. 

While the settlement of a new country is full of 
perils, hardships, and privations, it is still exceedingly 
interesting. The first settlers find nature in a state of 
grand repose ; but this repose is soon followed by great 
activity and most satisfactory progress. In some five 
or six years the orchards begin to bear their fruits, 
smiling villages, pleasant homes, and happy families 
are seen on all sides, and "the wilderness begins to 
blossom as the rose." 



CONTEJ^TS. 



CHAPTER I. 



Ancestry : The Burnets — The Hardemans. Removals : To the 
Farm — To Missouri. Mode of Living — Manners and Customs. 
Bee-Hunt — Fisticuff Fights — Lazy Bill. Prairies — Their Ori- 
gin, Return to Tennessee — Employed as Cleric in an Hotel. 
Samuel Houston — Newton Cannon — Andrew Martin — David 
Crockett — Adam Huntsman. W. B. Peck — John Y. Cockram 
— Peter Minncr. Courtship and Marriage. Purchase of the 
Store — Death of a Burglar. Return to Missouri — Crockett and 
Huntsman • 1 

CHAPTER IL 

Act as Clerk for a Time — Then go into the Mercantile Business 
with Others. Return to the Law — Employed by the Mormon 
Elders — Proceedings on Habeas Corpus. Oration by Sidney 
Rigdon — Sermon by Joseph Smith, Jr. — Battle between the 
Danites and Captain Bogard. Militia ordered out — Surrender 
of the Mormons. Prisoners brought before Judge King — Jo- 
seph Smith, Jr. — Lyman Wight — Sidney Rigdon. Appointed 
District Attorney — Qualifications of a Good Lawyer — Labori- 
ous Practice. DiCBculty of administering Criminal Justice — A 
Noted Criminal — An Able and Upright Judge. Case of Whit- 
tle — Judge Austin A. King. Characteristics of Lawyers — Na- 
ture of Legal Investigations — Difficulty of Simplifpng the 
Law — Causes of Infidelity among Lawyers. Political Views. 
Remarks on Dueling. Join the Disciples — Art of Governing 
Children 43 



X CONTENTS. 

CHAPTER III. 

PAGE 

Determine to go to Oregon — Arrive at the Rendezvous — Remarks 
on the Nature of the Trip. Start from the Rendezvous — Kill 
our First Buffalo — Kill our First Antelope — Description of the 
Antelope. Cross to the Great Valley of the Platte — Buffalo 
Hunt — Description of that Animal. Cross the South Fork — 
Arrive at Fort Laramie — Cheyenne Chief — Cross the North 
Fork — Deaths of Paine and Stevenson — Cross Green River — 
Arrive at Fort Hall. Leave Fort Hall — Sage-Brush Lands — 
Salmon Falls — The Spear of the Lidian Fisherman — Cross 
Snake River — Kill a Large Salmon. Boiling Spring — Fort 
Boise — Burnt River — The Lone Pine — The Grande Ronde — 
The Blue Mountains — Arrive at Dr. Whitman's Mission — Ar- 
rive at Walla Walla. Descend the River to the Dalles — Leave 
my Family there — Go to Vancouver and Return — Governor 
Fremont. Go with my Family to Vancouver — Indian Tradi- 
tion — The Town of Linnton. Purchase a Claim — Climate and 
Scenery of Oregon — ^Number of our Immigrants — Assistance 
rendered our Immigration, Dr. John McLoughlin — James 
Douglas — Policy of the Hudson's Bay Company in its Inter- 
course with the Indians 97 

CHAPTER IV. 

Rocky Mountain Trappers — Their Peculiar Character — Black Har- 
ris — Joseph L. Meek — 0. Russell — Robert Newell. The Pro- 
visional Government. Condition of the People — Hardships 
endured by the Early Settlers. Become a Catholic — My Gen- 
eral Rule as to Charges against Me. Misstatements of W. H. 
Gray. The Question whether there were any Constitutional 
Provisions in the Laws of 1843 considered. The Legislative 
Committee of 1844— Mistakes of W. U. Gray - - - -154 

CHAPTER V. 

The Act in regard to Slavery and Free Negroes and Mulattoes — 
Misrepresentations of W. H. Gray. W. H. Gray — Criticism 
upon the History of Oregon. Elected Judge of the Supreme 
Court — Strange Resolution — Jesse Applegate. The Act to 
Prohibit the Introduction, Manufacture, Sale, and Barter of 



CONTENTS. xi 

FA6B 

Ardent Spirits. Treaty of June 15, 1846— Policy of the Hud- 
son's Bay Company — H. A. G. Lee — Indian Character. Mas- 
sacre of Dr. Whitman and Others — Indian War — Its Result - 212 



CHAPTER VI. 

Discovery of Gold in California — Determine to go to the Mines — 
Organize a Wagon-Party. Off for California — Incidents of the 
Trip. Overtake Peter Lassen and his Party — Arrival in the 
Sacramento Valley. Arrive at the House of Peter Lassen — 
Origin of the Term " Prospecting " — Arrival in the Mines — 
Mining. The Donner Party. A Lonely Grave — Death of David 
Ray— John C. McPherson - 252 

CH^VPTER VII. 

Leave the Mines — Arrive at Sutter's Fort — Become the Agent of 
John A. Sutter, Jr. — Captain John A. Sutter — Discovery of 
Gold. Selling Lots in Sacramento — Necessity of some Gov- 
ernmental Organization — Public Meeting at Sacramento City. 
Rivalry between Sacramento and Sutterville — Journey to San 
Francisco — Wonderful Coincidences — State of Society. Sail- 
ing Ships arrive with Gold-Seekers — Their Speculative Charac- 
ter — Gold- Washing Machines — Climate of San Francisco. Un- 
satisfactory Condition of the Government of the District of 
San Francisco. Communication to the "Alta California" — 
Failure of the Attempt to hold a Convention to frame a Pro- 
visional Government 286 

CHAPTER VIIL 

Return to Sacramento — Come a Second Time to San Francisco — 
Become a Member of the Legislative Assembly — Extracts from 
the Address of that Body to the People of California — Ex- 
tracts from General Riley's Proclamation — Address of the 
Committee of Five. Extracts from my Second Communication 
to the "Alta California" — Grounds of General Riley's Views 
as to the Right of the People of California to organize a 
Provisional Government — Grounds of those who claimed that 
Right — The Controversy most fortunate for California — All 
Things happily tended to produce the Main Result desired by 



xii CONTENTS. 

PAGE 

US all — Eeturn to Sacramento City — Its Rapid Improvement — 
James S. Thomas. Appointed to a Seat in the Superior Tri- 
bunal — Sickness of one of my Daughters — Remove to San 
Jose — Administration of Justice in California during 1849 — 
State of Society — The Quack. Visit Monterey — Announce My- 
self a Candidate for Governor — Elected — Inaugural Address. 
The Chinese — Reasons for their Exclusion — The Burlingame 
Treaty 319 

CHAPTER IX. 

General Riley — Judge Thomas — Variable Prices — Monopolies. 
Agricultural Character of the State — Native Grasses Annual, 
not Perennial — Native Clover. The Squirrels of California — 
Their Peculiar Characteristics — Speculative Character of our 
Farmers — Uncertainty of Wealth in this State — Incidents. In- 
credulity of the People East as to the True Facts in regard to 
California — Scurvy — Admission of California into the Union — 
Stage-Race — Cholera. Extracts from my Second Annual Mes- 
sage — Resignation of the Office of Governor. Resume the 
Practice of the Law — Death of Judge Jones — Passengers of 
the Margaret — A Faithful Son. Defective Administration of 
Criminal Law in California — Illustrations — Pay the last of my 
Old Debts. Great Fire in Sacramento City — Assist in re- 
building the City — Rancho of Samuel Norris — Coursing the 
Jack-Rabbit. The Vigilance Committee of 1856— 5Iy First 
Voyage at Sea — Incidents 359 

CHAPTER X. 

Appointed a Justice of the Supreme Court — Painful Incident — 
Anticipated our Civil War — My Views upon that Subject. De- 
termine to engage in Banking — Elected President of the Pa- 
cific Accumulation Loan Company — The Institution put in 
Practical Operation — Difficulties in our Way — Change the 
Name to " Pacific Bank." V/ild Banks — Speculative Character 
of our People — Incident. Merchants and other Business Men 
often secretly engage in Stock-Speculations — Illustrative Cases 
of Speculation — Failures sometimes falsely attributed to Spec- 
ulation in Mining Stocks. True Rule as to Bank Contributions 
— Banking a Trying Business — The Infallible Banker — Five 



CONTENTS. xiii 

PAGE 

Main Points to consider in making Loans — Devices to obtain 
Credit. A Good Banker may often save iiis Customers from 
Losses against their Will — Incidents of the Suspension of cer- 
tain Banks in 18'75 — Difficulty of obtaining Faithful Em- 
ployees. Extreme Wealth not the Happiest Condition in Life 
— Reasons for this Conclusion. Wives should be consulted 
about all Important Affairs — Daughters should be taught a 
Knowledge of Business — Conclusion 404 



CHAPTER I. 

ANCESTRY : THE BUKKETS — THE HAEDEMANS. 

I AM the eldest son of George and Dorothy Burnet, 
and was born in Nashville, Tennessee, November 15, 
1807. ]VIy' father was born in Pittsylvania County, 
Virginia, September 26, 1770, and died in Clay County, 
Missouri, February 22, 1838: The family all spelled 
the name with a single t. When I was about nineteen, 
I added another t, and my example has been followed 
by all my brothers. My reason for the change was the 
opinion that the name would be more complete and em- 
phatic when spelled Burnett. 

My mother was the daughter of Thomas Hardeman, 
and was born in Davidson County, Tennessee, May 15, 
1786, ai6d died in Platte County, Missouri, March 17, 
1843. My grandfather Hardeman was born in Virginia, 
January 8, 1750 ; and his brother, whom I never saw, 
settled in Georgia. My grandfather Hardeman was 
ajnong the first settlers of Tennessee, and participated 
in the Indian wars of that comitry. He was a stout 
man, possessed a very fine constitution, a determined 
will, and naturally a sjilendid intellect. His education 
was originally very limited, but by study he became a 
man of distinction. He was the neighbor and warm 
friend of General Andrew Jackson, and was, with the 
General, a member of the first Constitutional Conven- 



2 RECOLLECTIONS OF AN OLD TIONEER. 

tion of Tennessee. He was a farmer and made a for- 
tune, living to the age of seventy-two. He reared eight 
sons and three daughters : Nicholas Perkins, Nancy, 
John, Constant, Eleazar, Peter, Dorothy, Thomas Jones, 
Blackstone, Elizabeth, and Baily. All these married, 
and all reared families, except my aunt Elizabeth. 

My grandfather Hardeman was twice married, his 
two wives being sisters, but all his children were the is- 
sue of his first marriage. He brought up his sons to his 
own business, except John and Baily, to whom he gave 
fine educations. They were intended for the bar, but 
never practiced. Both were men of fine mental capaci- 
ty, especially uncle John, who was one of the most ac- 
complished literary men of the Western States. 

My grandfather Hardeman taught certain maxims 
to his children that have come down to his grandchil- 
dren, and have had a great influence over his posterity: 
First. Pay your honest debts. 
Second. Never disgrace the family. 
Third. Help the honest and industrious kin. 
My father came to Nashville when it was a small 
village, and was married to my mother in 1802, in Da- 
vidson County, Tennessee. He had several brothers 
and sisters, some of whom I remember to have seen. 
They nearly all lived and died in Kentucky. I never 
saw my grandfather Burnet. My father was a carpen- 
ter and farmer, uncle William was a blacksmith, uncle 
John a school-teacher, uncle James a farmer, and uncle 
Henry a cabinet-maker. All my father's brothers and 
sisters were married, and all reared families. All my 
uncles and aunts on both sides are gone. Many of them 
lived to be old people. I remember well when I be- 
longed to the younger members of the family. Now I 
stand among the 'eldest. 



ANCESTRY. 3 

There was a great difference between my father's 
and mother's families. The Hardemans were fond of 
pleasure, and were generally extravagant when young. 
Most of them, especially my male cousins, when setting 
out in life, wasted their patrimony, not in dissipation 
of any kind, but in fashionable life ; and afterward set 
earnestly to work, most of them making good livings, 
and some of them fortunes. The Hardemans were gen- 
erally men of the world, first fond of fashionable plea- 
sures, dress, and show, and afterward seekers of fortune. 
But, though wild when young men, I have yet to hear 
of the first instance in which they were ever accused of 
any criminal offense, great or small. They sometimes 
had fisticuff fights (though very rarely), but I never 
knew one of them to fight a duel. With very rare ex- 
ceptions, they all paid their debts. They were general- 
ly good business men, and good traders in such property 
as lands and stock, and were punctual in keeping their 
promises, and firm in telling the truth. All of the name 
were very proud of the family; and, though they might 
have disputes among themselves, they would not permit 
others to speak ill even of those they themselves blamed. 
They were very generous in aiding their relatives in 
starting in business, generally by good advice to the 
young, and often by loans of money. They were espe- 
cially kind to the unfortunate. They were generally 
quick-tempered and downright in the expression of their 
opinions. My grandfather Hardeman and most of his 
sons seemed to think it a conscientious duty, when they 
saw any one do what they clearly considered a mean act, 
to tell him what they thought of him in plain terms. 
They were candid and resolute men, and you always 
knew how you stood with them. If they disliked you, 
they would tell you so. There were many marriages 



RECOLLECTIONS OF AN OLD PIONEER. 

between cousins, especially in the Perkins family, who 
were related through my grandmother Hardeman, whose 
maiden name was Perkins. The Pei'kins family came 
from North Carolina. 

On the contrary, my father's family were not seek- 
ers of fortune. Uncle James being the only one who 
ever acquired any considerable amount of property. 
They were men of peace, very just, industrious, sober, 
and piously disposed. They cared very little for riches, 
being content with a fair living ; but they possessed 
fine literary abilities. My father was raised very poor, 
and never went to school but three months in his life. 
He emigrated West while a young man, and spent his 
time mostly at hard work ; and, although he had never 
studied English grammar, he wrote and spoke the lan- 
guage with substantial accuracy. He possessed an ex- 
traordinary mathematical talent, so that he could solve 
in a few moments very difficult problems. I remember 
an instance, which occurred after I was grown. I saw 
a problem published in a newspaper in Tennessee when 
I was about twenty-two, and it took me some three 
days to arrive at a correct solution. Upon a visit 
to my father in 1830, I projDosed the same question 
to him, and it did not take him more than half an 
hour, and he did not make half as many figures as I 
had done. The rules by which he solved most ques- 
tions were his own. He understood the treason of the 
science. 

My uncle, John Burnet, had a fine talent for general 
science, and several of my cousins on my father's side 
have been lawyers of ability. One of my father's cous- 
ins, of whom I remember to have heard hira often 
speak, and whosp opportunities had been very limited, 
rose to distinction at the bar and on the bench. I re- 



ANCESTRY. 5 

member my father often referred" to this relative as a fit 
example for me to follow. 

My father was very industrious, understood his trade 
as a carpenter well, and made a pretty good farmer ; 
but he had no capacity for trading, and was often 
cheated. I never knew but one of the Hardemans who 
was dissipated, and that was Uncle Perkins ; but that 
which was a cause of surprise was that, during the dissi- 
pated part of his life, he made a good living, and when 
he died left his family in comfortable circumstances. 
Of the Burnets, all the old set were examples of so- 
briety, peace, kindness, and honesty ; and among the 
younger class, including cousins and half cousins, I 
never knew of but three who were confirmed drunkards ; 
and I never heard of any one of the blood committing 
any crime, great or small. 

My father and mother reared eight children, five 
sons and three daughters : Constantia Dudley, Peter 
Hardeman, Glen Owen, George William, Elizabeth Ann, 
James White, Mary Henry Jones, and Thomas Smith. 
Sister Constantia was twice married, and died in Lib- 
erty, Missouri, in 1846. Sister Mary married Dr. Ben- 
jamin S. Long in 1838, and died in Clay County, Mis- 
souri, in 1843. Sister Elizabeth has been twice married, 
and now lives a widow in Mendocino County, California, 
and has ten living children. Glen, Thomas, and myself 
reside in California, and my brother White in Oregon. 
My brother William lived in Oregon from the fall of 
1846 until his death, December 25, 1877. 

Our family are much divided in religion. Glen and 
White are Disciples, or Campbellites, as they are some- 
times called ; Sister Elizabeth is a Baptist ; Thomas is 
a Southern Methodist ; and I am a Catholic. Brothers 
Glen and Thomas are preachers. Brother White is a 



6 RECOLLECTIONS OF AN OLD PIONEER. 

fai'raer, and I am a banker. Brother Thomas is now 
living with his second wife. Glen and mwelf married 
r sisters, the only daughters of Peter Rogers, who died in 
[Clay County, Missouri, in 1858, aged about seventy. 
' We reared six children — three sons and three daugh- 
ters : 

Dwight J. Burnett, born in Hardeman County, Ten- 
nessee, May 23, 1829, and married to Miss Mary Wil- 
cox in Sacramento City, January, 1850. 

Martha L. Burnett, born in Liberty, Clay County, 
Missouri, April 29, 1833, and married to C. T. Ryland 
in Alviso, Santa Clara County, California, January 23, 
1851. 

Romeetta J. Burnett, born in Liberty, Missom-i, Feb- 
ruary 14, 1836, and married to W. T. Wallace in Alviso, 
California, March 30, 1853. 

John M. Burnett, born in Liberty, Missouri, February 
4, 1838, and married to Miss Ellen Casey in San Fran- 
cisco, April 27, 1863. 

Armstead L. Burnett, born in Liberty, Missouri, Oc- 
tober 7, 1839, married to Miss Flora Johnson in San 
Jose, California, November 21, 1860, and died in San 
Jose, May 26, 1862. 

Sallie C. Burnett, born in Platte City, Platte County, 
Missouri, September 27, 1841, married to Francis Poe 
in San Jose, November 21, 1860, and died in Sacramento 
City, May 24, 1861. 

REMOVALS : TO THE FARM TO MISSOURI. 

My father built several of the first log and frame 
buildings in Nashville, and one frame building for him- 
self. My earliest recollections are connected with Nash- 
ville. I remember my father's house, and that he pun- 
ished me one evening for running away from home ; a 



REMOVALS. 7 

circumstance well calculated, in its nature, to make a 
lasting impression. About 1811 he moved upon a farm 
in Williamson County, about four miles south of Frank- 
lin, and on the main road to Columbia, the county seat 
of Maury County. My grandfather Hardeman having 
removed to Howjj'd_County^Misjouri^ about 181 6, my 
father went to look at that locality in the summer of 
1817, and moved there in the fall of that year. We 
spent the first winter in a large camp with a dirt floor, 
boarded up on the sides with clapboards, and covered 
with the same, leaving a hole in the center of the roof 
for the escaj)e of the smoke. All the family lived to- 
gether in the same room, the whites on one side and the 
blacks on the other. In the fall of 1819, or spring of 
1820, we removedt^ Franklin in the same county, then 
a most flourishing place, where my father worked at his 
trade and also kept a boarding-house, until the toAvn 
began to decline ; when, in the fall of 1820, we returned 
to the farm four miles above Franklin.^ The Missouri 
bottoms were exceedingly sickly in 1820-21 ; so much 
so, that the larger portion of the inhabitants removed 
to the hills. In these years my father's family suffered 
very much from fever and ague. I remember that all 
of the family, fourteen in number, were sick at the 
same time, except a little negro boy about six years old. 
I suffered from fever and ague two falls and winters in 
succession, when I was twelve and thirteen years of 
age. 

The location of my father's farm, in the Missouri 
bottom, being so unhealthy^ we removed to Clay Coun- 
ty in the- spring of 1822, my father having entered a 
tract of 160 acres at the Land Oflice, at $1.25 per acre. 
Here we had to begin again to clear off the timber and 
build houses. 



8 RECOLLECTIONS OF AN OLD PIONEER. 

Th^ first steamboats I ever saw were at Franklin in 
1820. They were the first steamers on the Missouri 
River, with one exception. A short time before, a single 
steamer, as I am informed, had passed a short distance 
above Franklin, and was snagged and sunk. The steam- 
ers that I saw were three in cumber, and were sent by 
Colonel Richard M. Johnson^ contractor for supplies at 
Council Bluffs, at which point the United States Gov- 
ernment then had a military post, I remember that 
one of these vessels was propelled by a stern-wheel, and 
had a large wooden figurehead, representing the head 
and neck of an immense snake, through the mouth of 
which the steam escaped. This boat made quite a grand 
appearance, and caused much speculation among the 
people. Some were of the opinion that all the steam 
machinery (which they called " works ") was in the belly 
of this snake. I remember seeing these boats start up 
the river from the landing. They crossed over to the 
Booneville side, and in crossing were barely able to 
keep from falling below the point they left. This was 
in the summer, when the water was high and the cur- 
rent rapid. Now, however, a steamer on that river will 
stem the current at any stage of the water with ease. 
The boat alluded to was called "the Western Engi- 
neer." There were no regular steamboats on the river 
until some five years later. 

The early settlers in Missouri had a very hard time 
of it, especially those who could not hunt the wild 
game successfully, which was at that time abundant. 
When we moved from Howard to Clay County (a dis- 
tance of some two hundred and fifty miles by water), 
our supplies and household furniture were sent up the 
river in a flat-boat, which had to be towed up most of 
the way by men, who walked upon the bank of the 



REMOVALS. 9 

stream, pulling upon a long rope attached to the boat, 
and cutting down the willows along the bank in many 
places, so as to open a foot-path. The water was low, 
and it required some vtorty days t o make the trip. All 
the supplies of merchandise were transported at that 
time from St. L ouis to L iberty Land ing in keel-boats. 
For this reason freight was high and prices in propor- 
tion : coffee, 50 cts. per pound ; sugar, 25 to 37^ cts. ; 
calico, 37^ to 50 cts. per yard ; and brown cotton, from 
25 to 37^ cts. Iron and salt, two most necessary arti- 
cles, were high, and it was difficult for farmers to pay 
for them. 

It so happened that, although when we settled in 
Howard and Clay Counties provisions were scarce and 
high, when we had succeeded in raising produce for 
sale, the dejnand had diminished, the supply had in- 
creased, and prices declined to a low figure. Indian 
corn was 10 cts. a bushel, wheat 50 cts., pork $L25 per 
hundred pounds, and other things in proportion. As 
everything the farmers had for sale was very loto, and 
all they purchased very high, they were able to pur- 
chase very little, and that of the plainest description. 
A sack or two of coffee and a barrel of brown sugar 
would last a merchant some time. Many persons sup- 
plied themselves with maple sugar. This was the case 
with my father. I remember that " sugar - making 
time " was always a season of hard work, but of fes- 
tivity with the young people, especially when the sugar 
was "stirred off." At this time what was called a 
" sugar-stick " was in great demand. After the sugar 
was molded into cakes or grained, it was carefully 
deposited in the black- walnut "sugar-chest," and put 
under lock and key. The ants were very fond of 
sugar, and would find their way into the chest. To 



10 RECOLLECTIONS OF AN OLD PIONEER. 

keep them out, each of the four legs was put into a 
small, hollow, square block of wood, filled with tar. 
This Stygian pool these insignificant little pests would 
never cross. 

MODE OF LIVING MANXEES AND CUSTOMS. 

Our manner of living was very simple. For some 
years the only mills in the country were propelled by 
horses, each customer furnishing his own team, and 
taking his proj)er turn to grind his grain. At times 
when the mills were thronged (and this was generally 
so in winter), they had to wait from one to two days. 
During this time the mill-boys mostly lived on parched 
corn. The manner of sending to mill was to put a bag, 
some three feet long, and containing from two and a 
half to three bushels of grain, across the back of a gen- 
tle horse, the bag being well balanced by having the 
same quantity in each end, and then putting a man or 
boy upon the top to keep it on, and to guide the horse. 
It often happened that both bag and boy tumbled off, 
and then there was trouble, not so much because the 
boy was a little hurt (for he would soon recover), but 
because it was difficult to get the bag on again. When 
any one could shoulder a bag of corn, he was considered 
a man ; and to stand in a half -bush el measure, and 
shoulder a bag containing two and a half to three bush- 
els, was considered quite a feat. I heard of a woman 
who could do so, but never saw her, and can not say 
that the statement was true. 

For some years very little wheat was grown, Indian 
corn being thQ only grain raised ; and, when Avheat was 
produced, there were no good flour-mills for some time. 
If, during those times, we had a biscuit and a cup Of 
coffee every Sunday morning we were fortunate. As a 



MODE OF LIVING. H 

substitute for coffee, we often used rye or corn meal 
parched ; and instead of " store tea " we used the root 
of the sassafras. Our clothing was " homespun," made 
by our mothers and sisters — jeans and linsey for the 
males, and linsey and striped cotton for the females. 
Ilunting-shirts and jDants of dressed buckskin were very 
common, and in some very rare cases females were clad 
in dressed buckskin. In summer the boys and girls went 
barefoot, and young and married women often. Moc- 
casins were often worn instead of shoes. I have seen 
young women, in going to public places, stop a short 
distance before reaching the place, take off their coarse 
shoes, and put on their " Sunday shoes." Such a thing 
as a fine carriage was never seen. Some very few had 
what was then called a " Dearborn," being a small vehi- 
cle for one horse, and without any top to it. Our linsey 
and jeans for e very-day use were usually colored with 
hickory or walnut bark, that of a finer quality with 
indigo. A suit of blue jeans was considered a fine dress. 
I remember that in Clay County, about 1824-'25, there 
were only three or four men who could boast of a suit 
of broadcloth. A yoimg man who had been in the ser- 
vice of the United States as a soldier came to Liberty, 
Clay County, about that time, and dressed himself in a 
new suit of blue broadcloth, surmounted by an elegant 
new fur hat of his own workmanship (he was a hatter), 
and he used to strut up and down the only street in 
the place, to the great astonishment of others. At that 
time there must have been about three hundred voters 
in the county. 

The principal trade at that date was in skins, honey, 
and beeswax, all wild productions. When Missouri was 
first settled, cotton was cultivated for domestic use. 
The seeds were picked out by hand, or by a small gin 



J 



12 RECOLLECTIONS OF AN OLD PIONEER. 

consisting of two wooden rollers, three quarters of an 
inch in diameter and a foot long, to one of which a 
crank and handle were attached. The operator sat 
across a bench, upon which the rollers on the top of a 
piece of timber w'ere securely fastened, and turned the 
crank with his right and applied the cotton with his 
left hand. The rollers were placed together, so that 
turning one would turn the other ; and, w^hile the cot- 
ton, in thin slices, would pass between them, the seed 
could not. It was, however, a slow process. 

What were called " cotton pickings " were then very- 
common. The young people of the neighborhood assem- 
bled about dark, divided themselves into two equal par- 
ties, placed the quantity of cotton to be picked in two 
large piles before a big fire, and then commenced a race 
to see which party would get through first. The cotton 
picked more easily when warmed, and this was the rea- 
son for placing it before the fire. Much cheating was 
done by hiding away portions of the unpicked cotton. 
The object was to accomplish the task as early as possi- 
ble, and then to enter into the dance, or the various 
plays then common, such as "Old Jake," "Pleased or 
displeased?" "Tired of your company?" "Bishop of 
Winchester has lost his crown," and " We are marching 
along toward Quebeck." I remember that, when I was 
about fourteen years of age, I attended a cotton-picking 
in Howard County, at the house of a widow. I had 
never danced any, and, though naturally diffident, I de- 
termined I would break the ice. There was present an 
old maid. Miss Milly A., with whom I was well ac- 
quainted — a large, corpulent woman, low, thick-set, and 
weighing about two hundred pounds. With her I 
danced some seven sets (most of them Virginia reels), 
without a rest. Though so large, she moved over the 



MODE OF LIVING. 13 

puncheon floor Avith ease and grace, and was amply 
able, I found to my sorroAV, to tire me out ; for the 
next day I was so sore that I could scarcely walk. 
This rash experiment cured me of dancing for some 
years. 

At my father's house I never saw a cotton-picking. 
It was usual in the fall and winter to pick the cotton at 
night, in which task all of us participated who were able 
to work. The young ladies spun and wove, and often 
made a beautiful article of striped and checked cot- 
ton cloth, out of which they made themselves dresses. 
Hemp and flax, especially the latter, were used in the 
manufacture of summer clothing for children and men. 
My sister Constantia was very fond of reading, was 
well educated for that day, and was the most talented 
of the family. I remember to have heard my mother 
laughingly complain that my sister would stop the loom 
any time to read a book. The weaving of the family 
was generally done by the white women, and mainly by 
the unmarried daughters. 

It required great industry, rigid economy, and wise 
foresight to make a plain living in those times. I have 
often thought of the severe struggles of my parents 
and their children to live. The leather for our winter 
shoes was tanned at home, and the shoes for the family 
were made by my father and myself, after I was large 
enough to assist him. Peg-work was not then under- 
stood, and it required some little art to make and bristle 
" an end," as they called the waxed thread with which 
the shoes were sewed. 

The climate of Missouri is cold and changeable, re- 
quiring stock to be fed some five or six months in the 
year. In the early settlement of the State, the people 
suffered much from sickness caused by exposure, bad 



14 RECOLLECTIONS OF AN OLD PIONEER. 

food (as the corn from which the bread was made was 
often frost-bitten), and the decay of such masses of 
timber as were left dead in the fields. 

Log-rolling was also one of the laborious amuse- 
ments of those days. To clear away the dense forests 
for cultivation was a work of some years. The under- 
brush was grubbed up, the small trees (saplings) were 
cut down and burned, and the large trees belted around 
with the axe, by cutting through the sap of the trees, 
which process was called " deadening." The trees 
belted would soon die, and their tops first fall off, and 
afterward the trunks would fall down, often break- 
ing the rail fences and crushing the growing corn, 
and in the winter time occasionally killing the cat- 
tle running in the stalk-fields. Sometimes a human 
being would be killed by a falling limb, or by a 
stroke of lightning. My sister Constantia's first hus- 
band, James M. Miller, was killed by lightning on the 
bank of the Missouri river at Booneville about 1821 ; 
and my wife only escaped death from a similar cause 
at Liberty, Missouri, in 1833, by accidentally leaving 
the fireplace where she was sitting, and retiring to the 
adjoining room, only just one moment before the light- 
ning struck the stone chimney, throwing down the 
top, and melting together the blades of a pair of large 
scissors hanging below the mantel-piece against the 
chimney. 

The early settlers of the West were greatly aided 
by the wild game, fruits, and honey, which were most 
abundant. There were walnuts, hickory-nuts, hazel- 
nuts, pecans, raspberries, blackberries, wild plums, sum- 
mer, fall, and winter grapes ; of game, the squirrel, 
rabbit, opossum, coon, deer, and black bear ; and of 
fowls, the quail, wild duck, goose, swan, prairie chicken, 



/ 



MANNERS AND CUSTOMS. 15 

and wild turkey, the noblest game -fowl among them 
all. For some years no tame turkeys were raised, as 
the wild Avere abundant and just as good. Domestica- 
tion may change the color of the plumage, but not the 
quality or the color of the flesh of the turkey. One 
turkey hen would usually rear a flock of from ten to 
fifteen each year. We had dogs well trained to hunt 
the turkeys by trailing them up and forcing them to 
take refuge in the timber, the dogs standing below 
the turkey on the tree, and keeping up an incessant 
barking, so as to keep his attention fixed upon the 
dogs, while the skillful hunter approached unobserved 
within i-ifle-shot. The dogs used were the ordinary 
curs. 

I remember a circumstance which occurred in Clay 
County when I was about seventeen, and my brother 
Glen fifteen, I had left my father's house, and was liv- 
ing with my sister Constantia's second husband, Major 
William L. Smith, then a merchant of Liberty. Two or 
three days before Christmas I went to visit my parents, 
and to spend the Christmas holidays at home. The 
well-trained dogs, Major, Captain, and Cue, had not 
forgotten me. My mother requested Glen and myself 
to kill some wild turkeys for the Christmas dinner, and 
directed us to shoot them in the head, so as not to tear 
the body. Fully confident in our marksmanship, we 
promised her we would do so. Taking the faithful and 
keen-scented dogs and the trusty old rifle, with its black- 
walnut stock and flint-lock, we started into the hills 
toward the Missouri bottoms, and soon found a flock of 
gobblers, one of which alighted in a tall red-oak tree, 
near the top. Being older than my brother and a guest, 
it vras my privilege to have the first shot. I approached 
as near as I could venture to do (as I saw the turkey 



16 RECOLLECTIONS OF AN OLD PIONEER. 

was very wild, from the high head he held), and deter- 
mined that I would, as requested, shoot him in the head; 
but, when I endeavored to take aim, the distance was so 
great and the object so small that I despaired of hitting 
his head ; and so taking, as I thought, good aim at his 
body, I fired and he fell. From his much fluttering, I 
feared I had not given him a fatal shot, and that the 
dogs, in their efforts to kill him, would tear his flesh ; so 
I told my brother to run to the turkey, while I remained 
to load my rifle, the custom of the hunter being to load 
his gun the first thing, and on the spot from which he 
fires his shot. When I had loaded and went to the 
turkey, I found I had shot him through the neck just 
below the head, the ball breaking his neck-bone. We 
then proceeded, and soon started up a flock of hens (as 
the hens and gobblers go in separate flocks in winter, 
and pair in spring), one of which alighted in the fork of 
a hackberry tree. I requested my brother to shoot, but 
he declined, thinking no doubt that I was a superior 
shot. So I determined, as before, that I would shoot 
the turkey in the head ; but when taking aim I despaired 
of success, and taking, as I again thought, good aim at 
the body of the bird, I fired and she fell. When I came 
to examine her, I found my ball had just knocked off 
the top of her head, entering the skull to the depth of 
half an inch. 

With these two turkeys we went home in triumph, 
and, as I did not then disclose the fact of having taken 
aim at the body, I was considered the best shot in the 
neighborhood. It was a singular circumstance that my 
mother should have first directed us to shoot the birds 
in the head, and that I should have accidentally done so 
twice in succession. The explanation is that I had sim- 
ply overshot, owing perhaps to an overcharge of powder. 



BEE-HUNT. 17 

BEE-HUNT — FISTICUFF FIGHTS — LAZY BILL. 

Before I went to live with Major Smith, a circum- 
stance occurred that deeply distressed our family. In 
the fall of 1823 I went in company with an uncle on a 
bee-hunt. We took a negro man ("Uncle Hal") and 
my father's good wagon and team, and a number of 
kegs and one barrel to hold the honey which we expect- 
ed to find. We crossed the State line into the Indian 
country, keeping the open prairie until we had passed 
several miles beyond the frontier, when we left our 
wagon in the edge of the prairie, and, with the horses, 
guns, blankets, and a few kegs, took to the timber. We 
traveled through the forest one day, and looked dili- 
gently for bees as we rode along on our horses. I re- 
member that I found two bee-trees that day. I was 
very proud of my success, as no others were found, and 
my uncle was a veteran bee-hunter. We hunted three 
or four days before we returned to the wagon. Bees 
were generally hunted in the fall or winter, as the hives 
were then full of honey. In the fall the hunter would 
find the hive by seeing the bees coming in and going 
out ; but in the winter he would discover the bee-tree by 
finding the dead bees on the snow at the foot of the 
tree. When a bee dies in a hive the living cast out his 
dead body, which falls to the ground. This is done 
during the few warm clear days in winter. 

When we left the wagon in the edge of the prairie, 
it was early in October. The tall prairie grass was 
green, and there was no apparent danger of fire ; but 
the second night out there fell a severe frost, and as we 
approached the prairie we smelt the smoke, and at once 
feared our wagon was gone. The prairie had been set 
on fire, I suppose, by the Indians, to drive all the game 



18 RECOLLECTIONS OF AN OLD PIONEER. 

into the timber. The fire extended into the thick under- 
brush that skirted the prairie, and cooked the ripe sum- 
mer grapes on the vines that bound the hazel thickets 
together. We had some difficulty in finding the place 
where we left the wagon ; but, when we did at length 
find it, there was none of its wood-work left but the 
hubs, and they were still burning. I remember the 
most sorrowful looks of my uncle and of the negro man. 
The latter was a faithful slave, about forty years old ; 
he had always driven the team, and was proud of it. 
He was so much distressed that he wept. I was greatly 
distressed myself, for I knew what a heavy loss it would 
be to the family. My father was not able to purchase 
another, and afterward for some time had to get along 
with a cart, which he made himself. 

In reference to the simple mode of dress then com- 
mon among the people of Western Missouri, I will state 
an illustrative circumstance. I was not present, but had 
the facts from the gentleman himself. He was a man 
of education, of strictly temperate habits, and, although 
not a professor of religion, remarkable for his general 
good conduct. He was a merchant of Liberty, and on 
one occasion he attended preaching in the country not 
far from town. He was one of the very few who dressed 
in broadcloth, which he wore on this occasion. The 
preacher was an old man well known ; and during his 
sermon he referred to this gentleman, not by name, but 
as the smooth-faced young man in fine apparel, and 
severely condemned his style of dress, as being contrary 
to the spirit of the gospel. The behavior of the gentle- 
man was orderly and respectful. 

In those primitive times fisticuff fights were very 
common, especially at our militia trainings. After the 
military exercises (which were not remarkable for ac- 



FISTICUFF FIGHTS. 19 

curacy) were over, some bully would mount a stump, 
imitate the clapping and crowing of a cock, and declare 
aloud that he could whip any man in that crowd except 
his friends. Those who were not his professed friends 
were thus challenged to fight. If the challenge was 
accepted, the two combatants selected their seconds, and 
repaired to some place where the crowd could witness 
the contest, the seconds keeping back the throng out- 
side the limits designated, and knocking down any one 
who attempted to interfere. When a hero was con- 
quered, he made it known by a low cry of " 'Nuff ! " 
After washing their faces, the combatants usually took 
a friendly drink together ; and, if the vanquished was 
not satisfied, he went away determined upon another 
trial at some future time. 

These contests were governed by certain rules, ac- 
cording to which they were generally conducted. They 
arose, not from hatred or animosity as a general rule, 
but from pride and love of fame. It was simply a very 
severe trial of manhood, perseverance, and skill. I have 
known men on such occasions to lose part of the ear or 
nose, and sometimes an eye. In most cases both pai'ties 
were severely bruised, bitten, and gouged, and would be 
weeks in recovering. It was a brutal, but not fatal 
mode of combat. I never knew one to terminate fatally. 
The custom of stabbing and shooting came into use after 
this. The conqueror took great, and the conquered lit- 
tle, pleasure in relating the incidents of the fight. The 
description of one was diffuse, of the other concise. 
Most generally the defeated hero had some complaint 
to make of foul play, or some plausible excuse to give, 
like an unsuccessful candidate for office. 

Among our neighbors in Clay County, there was a 
tall, long-legged, lazy man, of the name of William Fox, 



20 RECOLLECTIONS OF AN OLD PIONEER. 

called " lazy Bill." He did very little work, and yet 
managed well, had a good farm, made a good living, 
and was a good stock-raiser. Among his cattle he had 
a very fine, blooded male calf, running in his blue-grass 
pasture, on the side of a considerable ridge. One warm 
day Fox caught the calf (then six months old) by the 
tail, and the animal at once started on a run down hill, 
increasing his speed at every successive jump. At first 
Fox's steps were of reasonable length, but soon they be- 
came awfully long, and Fox saw that he could not possi- 
bly continue such a rate of speed. In passing near a 
sapling, he ran around on the other side from the calf, 
still holding on to the tail. The result was a sudden 
fetch-up and fall of both Fox and the calf. The calf 
went off apparently unhurt, but next morning Fox found 
him dead. Upon examination, he found that the calf's 
back was disjointed a short distance above the root of 
the tail. It was not so long a race as that of John Gil- 
pin, but more fatal. 

It was among these simple backwoods people that I 
/^rew up to manhood. When my father settled in 
Howard County, that point was upon the frontier ; and 
when he moved to Clay he was still upon the confines 
of civilization. Clay was one of the most western coun- 
ties of one of the most western States ; all the country 
west of that to the shore of the great Pacific Ocean 
being wild Indian country, in which white men were not 
permitted to reside, except the traders licensed by the 
United States, and the officers and soldiers stationed at 
the military posts. The means of education did not 
then exist, except to a very limited extent ; and we had 
too much hard work to admit of attending school, except 
at intervals during the summer. At school I learned to 
spell, read, write, and cipher so far as the rule of sup- 



PRAIRIES. 21 

position, and studied English grammar so as to be able 
to parse and punctuate with tolerable accuracy. This 
was the sum total of my school education. 

PEAIRIES — THEIR ORIGIN. 

Much speculation has been indulged in, as to the 
origin of those beautiful grassy plains in the West 
called prairies. From my own observation, I take this 
theory to be true : Before the country was inhabited by 
Indians, those now bare spaces were covered with tim- 
ber, and this timber, in places, was first prostrated by 
hurricanes, and, when dry, was set on fire by the In- 
dians. So intense were the fires caused by such a mass 
of dry fuel that the young growth of timber was en- 
tirely destroyed, and the coarse prairie grass came up 
in the vacant spaces, it being the only grass that will 
grow well in the hot sun, and for this reason soon sub- 
dued the other wild grasses usually found intermixed 
with the timber. The timber being entirely destroyed 
over a considerable space, the fires of each succeeding 
fall encroached more and more upon the timbered por- 
tions of the country. I have observed that the surface 
of the prairies of the West was generally either level 
or gently undulating, permitting the wind to sweep 
freely over every part of it. As we approach the hilly 
country skirting the Missouri bottoms, we nearly always 
find dense forests of timber, till we ascend the river 
west to the dry region, where timber never grows. The 
Indians, living solely upon the wild game, found the 
fallen timber in their way of travel and impeding their 
Buccess in hunting ; and they therefore set the dry wood 
on fire. They also found in due time that it was far 
more difficult to hunt the deer in the prairie than in the 
timber ; and they accordingly fired the prairies in the 



22 RECOLLECTIONS OF AN OLD PIONEER. 

early fall, so as to force the game into the timber for 
food. 

Some have supposed that the origin of the prairies 
was due to droiight. This I think can not be correct, 
for the reason that the soil of the prairies is naturally 
ri-ch, and more moist than the soil of the timbered land. 
The drought would of course more affect the hilly land 
than that which was level or gently undulating. Be- 
sides, the underbrush, especially the hazel (which loves 
a rich soil and grows very thickly upon the ground), is 
found in much greater abundance on level and gently 
undulating land, and is easily killed by fire in the fall 
immediately after frost, and before the leaves fall. I 
know this was the case when my father's wagon was 
burned. The fire on that occasion extended some dis- 
tance into the timber, killing but not consuming the 
green underbrush, especially the hazel. The young 
hazel that would next year grow from the roots, being 
intermixed with the old and dry brush, would be killed 
by the fire the succeeding fall. This process of burning 
would entirely destroy the roots in time, thus enlarging 
the prairie until the increase in size would be stopped 
by the hilly country or other obstructions. 

The reason why there were no prairies in Tennessee 
and Kentucky was the fact that the predominant timber 
in those States is the beech and poplar, which are not 
easily killed by fire. The beech seldom or never forks, 
but sends out its numerous small limbs from a few feet 
above the ground to its top, making so dense a shade 
that little or no shrubbery can grow in a beech forest. 
However much the beech timber may be crowded, the 
trees will still send out their limbs horizontally, and will 
not grow tall, like most other timber (especially the pine 
family) when crowded. Even when there was an un- 



RETURN TO TENNESSEE. 23 

dergrowth in those States, it was mostly the cane, which 
is an evergreen and will not burn in a forest, though it 
grows as thick as hemp. On the contrary, there was no 
beech, poplar, or cane in the vicinity of the prairies ; 
but the timber was mainly oak, ash, elm, hickory, wal- 
nut, hackberry, and wild cherry, all of which grow tall 
and slender when crowded, and have no horizontal limbs 
near the ground. There was therefore room beneath 
for a thick undergrowth, and the soil, being exceeding- 
ly rich, could well support the large and small growths 
upon the same space. It is also a well-known fact that 
hurricanes often occur in the West, and that they are 
so severe as to prostrate all the standing timber, throw- 
ing all the trees in the same direction. I remember to 
have seen two spots over which these terrible tempests 
had passed. One was in Howard and the other in Jack- 
son County, Missouri ; and the fallen timber lay so 
thick upon the ground that it was difficult to pass 
through it on horseback. According to my recollection, 
hurricanes were very rare in Tennessee and Kentucky. 
These destructive storms are usually about half a mile 
in width and several miles in length. 

RETURN TO TENNESSEE EMPLOYED AS CLERK IN AN 

HOTEL. 

/ I remained with my brother-in-law, "William L. 
/ Smith, some fifteen months, and then returned to my 
father's house. In the fall of 1826, when I was in my 
nineteenth year, Uncle Constant Hardeman and wife 
came to visit us from their home in Rutherford County, 
Tennessee ; and, after due consideration, it was deter- 
mined that I should accompany them on their return. 
My father gave me a horse three years old the preced- 
ing spring, a saddle and bridle, a new camlet cloak, and 



24 RECOLLECTIONS OF AN OLD TIONEER. 

twenty-six dollars in money ; and my mother furnished 
me with a good suit of jeans. We usually traveled 
about thirty-three miles a day. My young horse stood 
the trip well at the beginning, but gradually became 
exhausted, so that by the time we reached Nashville it 
was all I could do to get along. My pride was much 
wounded by my situation. Before leaving home, I had 
not often seen the inside of an hotel ; and I was there- 
fore very green, which became painfully more evident 
as we approached the older settlements. I was naturally 
diffident when young; and, when I arrived in Tennessee 
among my rich kin, I at once recognized my compara- 
tive poverty and ignorance. I remember that the first 
time that I ever saw Pope's translation of the Iliad was 
at the house of Uncle Constant Hardeman, soon after 
my arrival there ; and, had it been gold or precious 
stones, the pleasure would not have equaled that which 
I enjoyed. I was very fond of reading, and eagerly 
devoured everything that fell in my way. But when I 
saw that my relatives were rich, and valued riches more 
than knowledge, I determined that I would employ my 
energies in the accumulation of a fortune. Conscious 
of my own poverty, ignorance, and homely dress, I fan- 
cied that I was sometimes slighted by my relatives. I, 
however, said nothing, made no complaints, but laid it 
up in my heart that I would some day equal if not sur- 
pass them. 

After spending a few weeks with my uncle Constant 
and other relatives near him, I visited my Uncle Black- 
stone Hardeman, who then lived in Maury County, Ten- 
nessee, and who was upon the eve of removing to the 
Western District, a new portion of that State, to which 
the Indian title had been but lately extinguished, and 
which was settling up rapidly by emigrants, mainly 



EMPLOYED AS CLERK. 25 

from the older localities of that State. As I was out of 
business, I decided to go with him and assist him to make 
the journey. It was in November, and we had heavy- 
cold rains on the way, making it a hard trip. When 
we arrived at his new farm near Bolivar, Hardeman 
County, my suit of jeans was pretty well gone, the el- 
bows of my coat being worn out. My uncle Blackstone 
succeeded in procuring me a situation as clerk at the 
hotel in Bolivar, kept by an old man, Duguid Mims. It 
was a large frame building covered in, the floors laid, 
the outside Aveatherboarded up, and the outside doors 
hung ; but the inside work was unfinished. The coun- 
try was new, and men at a hotel or on a steamboat will 
generally act out their true characters. I had, therefore, 
a good school of human nature, and found a great deal 
of it in mankind. 

My salaiy was one hundred dollars per annum, and 
my duty was to wait on the guests at the table, keep the 
books, and collect the bills. The only decent articles 
of dress that I had were my fur hat and camlet cloak. 
My term of service commenced on the day before Christ- 
mas, and there was a great frolic among the guests at 
the hotel. Among other freaks committed by them, 
they cut up into narrow strips all the hats they could 
find ; and as mine, with others, was placed on a large 
work-bench in the main hall, it fared as the rest did. I 
was exceedingly green and awkward, as may well be sup- 
posed ; and my imperfections were the more remarked 
from the fact that I succeeded a young man, of the 
name of Outlaw, who understood the duties of the po- 
sition well. My kind old employer had never seen me 
but twice before, and the only money I had was in the 
hands of my uncle, who lived six or seven miles from 
town. It was a busy time, and I had no immediate op- 



26 RECOLLECTIONS OF AN OLD PIONEER. 

portunity to communicate with him ; and, as I was 
ashamed to ask Mr. Mims or any one else to credit me, 
I was compelled to go bare-headed for a week. I was 
the subject of much jesting, was badly quizzed and 
greatly mortified ; but I worked on resolutely, said no- 
thing, and was ahrays at my post of duty. In about a 
week my uncle came to town, and I stated to him my 
situation, and through his influence I procured another 
hat. 

By assiduity and attention I soon learned the duties 
of my new position ; and in about three months I pro- 
cured a new suit of clothes, the first suit of broadcloth 
I ever wore. I remember overhearing the remarks that 
were made when I first put it on. " Do you see Bui'- 
nett ? He is coming out." 

My employer had a daughter of his own, and tv.o 
grown-up step-daughters, who were very pretty girls ; 
but they considered themselves as my superiors, and I 
never kept their company, 

I remained with Mr. Mims five or six months. In 
the spring the business of the hotel was dull, and the 
inside work of the building had to be finished. The old 
man was very enterprising, dipping into almost every- 
thing that offered, and going into debt pretty freely ; 
but he was very industrious and honest. As there was 
so little traA^el at this season, and as Mr. Mims was ex- 
tensively engaged in brick-making, he would take the 
negro boy who was the hostler to the brickyard. When 
any guests arrived, I first waited on them, then took 
their horses to the stable, fed and curried them, and 
saddled them up in the morning ; and, when there was 
nothing else to do, I took the paint-brush and went to 
painting the hotel building. I knew nothing of the 
business at first, as it was little known in my former lo- 



SAMUEL HOUSTON. 27 

cality ; but I soon, in this vv'ay, learned to do plain paint- 
ing well. 

SAMUEL HOUSTOTf NEWTON CANNON ANDREW MAR- 
TIN DAVID CROCKETT ADAM HUNTSMAN. 

One day, while engaged very busily in painting the 
ceiling overhead, the Rev. W. Blount Peck, who was 
about to open a store on Clear Creek, some ten miles 
from Bolivar, came to see me, and said that he wished 
to employ me to take charge of the entire business of 
selling the goods, keeping the books, and collecting the 
debts, and he himself would purchase the goods. He 
offered me two hundred dollars per annum, he paying 
for my washing, board, and lodging. I said that I was 
engaged to serve Mr. Mims for one year, and could not 
violate my engagement, but would lay the matter be- 
fore him, and if he consented I would take charge of 
the store upon the terms stated. Accordingly, I con- 
ferred with Mr. Mims, and he kindly gave me permis- 
sion to quit his service, saying that he would not stand 
in the way of my promotion. 

When I set out in life, I was fully conscious of my 
want of information, and I at first decided in my own 
mind to say very little, but listen and learn, and in this 
way avoid exposure. But I found, from practical ex- 
perience, that the best way to correct errors was to 
make them known, and then some friend would kindly 
correct them for 3^011 ; and, if no friend should do so, 
your enemies would. I found that patient and intelli- 
gent perseverance almost always won. 

While at the hotel, I saw General Samuel Houston, 
David Crockett, Adam Huntsman, Newton Cannon, 
Andrew Martin, and other leading men of Tennessee ; 
and I heard Houston, Crockett, and Cannon speak. 



28 RECOLLECTIONS OF AN OLD PIONEER. 

Houston, then in the prime of life, was a tall, noble 
Virginian, possessing a most commanding figure and 
voice, with a bold, flowery, and eloquent style of ora- 
tory. He had a great command of language, and spoke 
slowly, emphatically, and distinctly, so that all could 
hear him, and all wished to hear him. Newton Cannon 
was a very plain, earnest, forcible, and rapid speaker, 
a strict logician, but not a popular orator. While Hous- 
ton and Cannon were speaking, no one ever laughed, 
as they never dealt in amusing anecdotes. General 
Houston never succeeded at the bar. His mind was 
not of a legal cast. Cannon possessed as much if not 
more legal ability, and was fully Houston's equal in 
statesmanship ; but he could not command the admira- 
tion of the masses, as Houston did. 

David Crockett was a man of another cast of mind 
and manner. He possessed a fine natural intellect, good 
memory, and great good nature. He had treasured up 
all the good anecdotes he had ever heard, and could 
readily relate many striking incidents of his own career. 
He was deficient in education, and had no practical 
knowledge of statesmanship ; but he was willing and 
able to learn, and had the patience to bear ridicule and 
reproach for the time being. He was an off-hand speak- 
er, full of anecdotes, and kept a crowd greatly amused. 
His comparisons and illustrations were new and simple, 
but strong and pointed. Few public speakers could get 
any advantage of David Crockett before a crowd of 
backwoods people. His good-natured, honest, jolly face 
would remind one of Dryden's description 

" Of Bacchus — ever fair and ever young." 

I knew in Hardeman County a Baptist preacher of 

the name of Casey, one of Nature's orators, who mur- 



W. B. PECK. 29 

dered the King's English in every sentence and mispro- 
nounced half his words. Yet he was so eloquent that 
one forgot these defects, and they almost became graces, 
as they were peculiarities with him. It was very much 
so with David Crockett. Any one hearing either of 
these speakers would wish to hear him again. 

W. B. PECK JOHN Y. COCKKAM PETEK MI^^NER. 

So soon as Parson Peck, as he was familiarly called, 
had finished his storehouse (which was a log -cabin 
about eighteen by twenty feet, with chinked cracks, 
clapboard roof, and puncheon floor), I took my leave of 
Bolivar. The stock was not large, and Parson Peck 
usually made his purchases upon time in New Orleans. 
He did a general credit business, the debts becoming 
due about Christmas, and payable in cotton, which was 
generally delivered in the seed at the cotton-gin near 
the store, a receipt taken for so many pounds, and the 
receipt transferred to us. Parson Peck was a Methodist, 
and resided about ten miles from the store, and the labor 
and responsibility of conducting the business necessarily 
fell upon me. He was from East Tennessee, and was a 
brother of Judge Peck of the Supreme Court of Ten- 
nessee, and of Judge Peck of the United States District 
Court for Missouri. It was a talented family, and Par- 
son Peck was a man of fine literary ability. His wife 
before her marriage was a Miss Rivers, a sister of Dr. 
Rivers, and daughter of a wealthy planter of Hardeman 
County. I remember him and his lady with sentiments 
of gratitude. 

The mercantile business, especially in a new country, 
where the credit system prevails, and especially where 
the merchant has but little capital, is certain to prove 
a failure. As my employer had very little capital, he 



30 RECOLLECTIONS OF AN OLD PIONEER, 

was unsuccessful ; and, as I had managed the business 
in selling and collecting, he blamed me to some extent, 
though I did not wrong him at all. I did my duty 
faithfully to the utmost of my ability. In turn, I cen- 
sured him because he had twice pledged the same debt 
to two different creditors of his. These mutual charges 
led to a partial estrangement, which continued until I 
left the State. I have deeply regretted the circum- 
stance. Upon more mature reflection I became satisfied 
that the act of pledging the same book account to two 
different creditors was purely a mistake, and that he 
was entirely honest in his intentions. After I became 
satisfied of my mistake I inquired for him, and, learning 
that he was probably in Philadelphia, I wrote a kind 
explanation to him directed to that city. I desired to 
do him all the justice in my power, and to renew to him 
the assurances of my esteem and gratitude. Whether 
he received my letter or not I never knew. 

While I was doing business as a clerk for Parson 
Peck in the winter of 1827-'28, a circumstance occurred 
that made a lasting impression upon my memory. It 
was one of the happy incidents of my life. 

There were two farmers, both Methodists, who were 
in partnership in a cotton-gin situated near the store. 
John Y. Cockram, aged about forty-five, was the owner 
of six or eight slaves, and cultivated a plantation 
of considerable size ; while Peter Minner, aged about 
thirty-three, was not the owner of any slaves, but had a 
small farm, and was in very moderate circumstances. 
John Y. Cockram was a native of New Madrid County, 
Missouri, and was a peculiar man, possessed of a fine in- 
tellect, pretty well improved. I never met any one who 
was blessed with a more engaging manner. He was a 
noble man, and possessed the rare power of governing 



JOHN Y. COCKRAM. 31 

others -without the use of force. He assured me that he 
had never struck one of his children a blow in his life, 
and never but one of his slaves, and that a little negro 
girl. His seven or eight children, and all of his slaves, 
were exceedingly dutiful, and devotedly attached to him. 
Peter Minner was a man of plain good sense, remarkable 
for his kind and humble demeanor, but did not possess 
the natural intellect or literary cultivation of Cockram. 
Minner resided near the gin, and Cockram some dis- 
tance from it. When the gin had been completed Min- 
ner received the cotton from the customers and super- 
intended the business generally, Cockram giving his 
main attention to his plantation. 

After they had been doing business some time, and 
had received and ginned a large amount of cotton for 
various persons, Cockram came one day and said to me, 
in confidence, that he feared there was something wrong 
in Minner's accounts. He exhibited to me the partner- 
ship books, kept by Minner, and we examined them to- 
gether to ascertain the true state of the case. I was 
myself familiar with many of the transactions, as I was 
very intimate with both partners, and boarded at Min- 
ner's house. For my life I could not see how Minner 
could ever explain the errors apparent upon the face of 
the books, or justify himself. It seemed to be as clear 
a case of fraud as facts and figures could make. 

Cockram asked me what he ought to do. I told him 
to see Minner at once, state to him plainly his fears, and 
ask for an investigation. He accordingly called upon 
Minner, who heard his statement with kindness and pa- 
tience, and at once consented to refer the matter to two 
arbitrators, chosen by the consent of both parties. I 
was one of the arbitrators, and I remember the manner 
of Minner during the investigation, for I observed him 



32 RECOLLECTIONS OF AN OLD PIONEER. 

closely. He kept his eyes fixed upon the floor, except 
at intervals, when returning an answer to a point made 
by Cockram. He would then raise his large, meek, 
black eye, look me full in the face, and give his ex- 
planation. I watched his eye, and could read his very 
soul, and there was no guilt there. The mild and pure 
expression of that gentle eye went to my inmost heart. 
It was all I could do to restrain my tears ; and I can 
never think of that most beautiful scene without emo- 
tion. Oh, if there be on this earth one object more 
beautiful than all others, it is the sweet expression of 
the eye of a just man. 

The arbitrators had no decision to make. Minner's 
explanations were so clear and satisfactory, that the 
noble Cockram, without waiting to hear any expression 
of opinion from the arbitrators, sprang to his feet and 
exclaimed, " Gentlemen, I am satisfied." 

This incident was of great benefit to me in after- 
life. It taught me a beautiful lesson. I had rather 
look for men's virtues than for their vices, rather err 
upon the side of charity than against it, and jDrefer to 
hear both sides before I come to any conclusion. 

The two men remained friends, and both died of 
fever three or four yeai's afterward, each leaving a 
widow and several children. Cockram became the sole 
owner of the gin ; and, after his crop of cotton had been 
gathered one fall, the gin was destroyed by fire, and his 
whole crop with it. When informed of the disaster, 
he simply replied, " These hands can raise more." 

COURTSHIP AND MARRIAGE. 

It was during the time that I acted as clerk for Par- 
son Peck that I became acquainted with the lady who 
afterward became my wife. There are two very im- 



COURTSHIP AND MARRIAGE. 33 

portant epochs in one's life : when he gets married him- 
self, and when he gives away his first daughter. To 
give away the second is not so trying. When you rear 
a son, knowing as you do all his traits and habits, you 
can form some probable conclusion as to his future 
course in life ; but, as a general rule, you never know 
your son-in-law well until some time after his marriage. 
My wife's father, Peter Rogers, formerly lived in 
WOson County, Tennessee, where his children were 
born. The fall after I commenced business for Parson 
Peck, Mr. Rogers removed to a farm in the immediate 
neighborhood. His brother, Dr. John Rogers, had 
been living and practicing his profession in that vicinity 
for one or two years. I knew the doctor well, and he 
was often at the store. The eldest son of Mr. Rogers, 
Hardin J., was a finely educated young man, and the 
first time I ever saw him I loved him — why, I could not 
tell, but I loved him. He was a noble young man, with 
a fine face and beautiful black eye, my favorite. Mr. 
Rogers had two daughters, Harriet W. and Sarah M., 
the first sixteen and the other fourteen years of age. I 
often heard the young men of the vicinity speak of the 
two sisters, and especially a young friend of mine, Cal- 
vin Stevens, who frequently waited upon Miss Harriet. 
He was a very pleasant fellow, and was very fond of the 
society of the ladies. I had not the slightest idea of mar- 
riage myself, but I determined, from a mere mischiev- 
ous freak, to cut out Calvin. I was satisfied that he 
had no serious intention of marrying any one. He had 
a very fine tall figure, handsome face, and engaging 
manners. In these respects I considered him my supe- 
rior, but I thought I could out-talk him ; and so I did. 
But, when I had succeeded in cutting out Calvin, I 
found myself caught. The girl had won my heart. 



34 RECOLLECTIONS OF AN OLD PIONEER. 

She was a little above the medium height, with a trim, 
neat figure, sparkling black eye, handsome face, low, 
sweet voice, and gentle manners. Her father and 
mother were admirable people. I have met few if any 
better people than Mother Rogers. Mr. Rogers was a 
man of fine common sense, had a kind, generous heart, 
good habits, and a most determined will. He had 
served under General Jackson in the Creek war ; and, 
though possessed of great good nature, when fully 
roused he was as brave as a lion. Himself, wife, and 
Miss Harriet were Methodists. Their home was the 
abode of industry, integrity, and peace. I liked the 
family. They were good livers, but not rich. Mr. 
Rogers was an indulgent father and master, and a good 
neighbor. It was almost impossible to involve Mr. and 
Mrs. Rogers in neighborhood quarrels, those pests of 
society. They were alike esteemed by all, both rich 
and poor. I never saw Mr. Rogers shed a tear, though 
he lost his wife and several grown children. It was not 
his nature to weep either for joy or sorrow. 

I was not for some time aware of the fact that I was 
in love with the girl. I accompanied her home one 
Saturday ; and after dinner we were engaged in conver- 
sation for some two or three hours. At last it suddenly 
occurred to me that it was time I should go home, I 
hastily bade her good evening, and rushed into the yard, 
and happened to meet her father passing through it. I 
looked around for the sun, and was amazed to find that 
it was gone. In a confused manner, I inquired of Mr. 
Rogers what had become of the sun. He politely re- 
plied, "It has gone down, Mr. Burnett." I knew then 
that I was in love. It was a plain case. 

When I found myself deeply in love, I considered 
the matter carefully. I remember well that, on the 



COURTSHIP AND MARRIAGE. 35 

night of that same Saturday, I laid myself down upon 
the hard counter (the place where I usually slept) with 
a blanket under me, and a roll of flannel for a pillow, 
and spent the whole night without sleep, debating with 
myself whether I should go the next day and make a 
serious speech to Miss Harriet. I was a poor clerk, with 
nothing to depend upon for a living but my own exer- 
tions. This was a powerful objection ; but my heart 
won the day, and the heart is sometimes as right as the 
head. The matter was decided ; and it is my nature to 
act promptly when I have once determined to do a 
thing. Let me only be fully satisfied as to the course 
to be pursued, and I at once go straight to a point. 
The next day I went to see Miss Harriet. I was not 
abruj)t, but earnest and candid. I introduced the sub- 
ject discreetly, made the best speech I could, and se- 
cured her consent and that of her parents. This was 
early in June, and we were married on the 20th of Au- 
gust, 1828. The day was dark and rainy until about an 
hour before sunset, when it cleared off beautifully, and 
the sun set in smiles. I hope my sun of life may set as 
tranquilly as the sun of that day. If it should (and I 
have faith to believe it will), my wedding-day will have 
been a fit emblem of my life. 

I was of the opinion that I could go through the 
ceremony without trepidation, and I felt none until I 
passed over the steps across the yard fence, when I sud- 
denly felt so weak that I could scarcely stand. The 
guests had most of them arrived, and were in the yard 
looking at me as I approached the house. But I made 
my way hastily through the crowd, and my acquain- 
tances each rushed forward, saying, "How are you ?" I 
was so confused that I simply held out my right hand 
for each one to shake ; and when my cousin Mary Harde- 



36 EECOLLECTIONS OF AN OLD PIONEER. 

man si3oke to me, though I was as well acquainted with 
her as I was with any one, I did not know her. But, 
this excitement having passed away, I was myself again, 
and was not confused when my friend Parson Peck per- 
formed the ceremony. When married, I was nearly 
twenty-one and my wife nearly seventeen. 

I owe much of my success in life to her. Had I not 
married early, I do not know what might have been my 
course in life. I might have fallen into vicious habits. 
Though I was not religious myself, I loved a religious 
girl — there is something in piety so becoming a gentle 
woman. My wife was never noisy, fanatical, or wildly 
enthusiastic in her religious feelings ; but she was very 
firm. For many years after our marriage she had a 
hard time of it as to her religion. I was full of mischief, 
fond of jokes, and loved festive occasions ; and I used 
to urge her to go with me to dances, but she always 
firmly yet mildly refused. She has always been a wo- 
man of few words. For some years after our marriage, 
I was often perplexed to understand her judgment of 
persons. It frequently happened that on first acquain- 
tance I would form a most favorable opinion of the per- 
son ; and, when I would ask her what she thought of 
him, she would say, " I don't like him." When asked 
why, she could give no reason. She knew she was 
right, but could not tell why. Her knowledge was in- 
stinctive ; but generally time proved the correctness of 
her conclusions. It was so with my mother. Her judg- 
ment of people was quick, decisive, and generally correct. 
When a family claimed to have been once rich, though 
then poor, she always observed whether they had saved 
any relics as mementoes of former pi'osperity. If they 
had not, she doubted their statements. 



PUECUASE OF THE STORE. 37 



PURCHASE OF THE STORE — DEATH OF A BURGLAR. 

In the spring of 1829 I purchased the stock of 
goods of Parson Peck at original cost, on eighteen 
months' credit, for which I gave him my promissory 
notes. Most of these notes he transferred to his credi- 
tors. I was to close up the old business. I built me a 
log cabin near the store, and moved into it about the 
same time. Everything went on very smoothly during 
the year 1829 ; but in 1830 I found I could not replen- 
ish my stock of merchandise, which was so much re- 
duced that I was unable to supply the wants of the 
locality, and could not well dispose of the remnants 
I had on hand. Our household furniture was remark- 
ably plain, and our expenses were small. 

While I was doing business for myself, I purchased 
three barrels of old Monongahela whisky, which I re- 
tailed out by the pint, qitart, and gallon. It was a 
favorite with those who loved liquor. It took me 
about three months to retail it out, and during this 
period I was in the habit of taking a drink in the morn- 
ing, and occasionally during the day. I was not aware 
that I loved it until it was all gone. Then I found, to 
my surprise, that I had acquired a taste for it. I re- 
flected upon the fact, and went into a sort of mathemat- 
ical calculation under the " single rule of three." I said 
to myself : " If in three months I have acquired so much 
love of whisky, how much would I acquire in three 
years?" The thought alarmed me, and I soon deter- 
mined that I would abstain entirely, which has been 
my general practice. As I do everything with all my 
might, I became satisfied that, if I indulged at all, I 
would be very apt to do some very tall drinking. Had 



38 RECOLLECTIONS OF AN OLD PIONEER. 

I not been a married man, and happy as such, I might 
have fallen into this fatal habit. 

While this is no proper place for a long discussion 
of the question of temperance, I will make a few re- 
marks, suggested by long observation and experience. 
If we take a hundred men at the age of twenty-one 
who entirely abstain, there will not be a drunkard 
among them. If, on the contrary, we select a hundred 
young men who are moderate drinkers at that age, 
there will in due time be ten sots out of that number. 
As no man can tell in advance whether he will fall or 
not, he incurs a risk of ten per cent, in drinking at all. 
If two young men of anything like equal ability apply 
to a sound, cautious business man for employment, and 
one abstains and the other does not, the temperate one 
is almost sure to be preferred. So, if a young man is 
extravagant and spends all his income, saving up no- 
thing, he will find it hard to obtain employment. But 
the young man who does not drink, and who saves up 
a reasonable portion of his salary, gives clear proof that 
he has a due command over his tastes and appetites — 
that he has reflection, honesty, and good sense. Such a 
one can be safely trusted, because he does not need to 
steal. In the history of embezzlements, very few cases 
will be found where the party was temperate and 
saving. 

My father never used tobacco in any form ; and 
while I remained with him I had no opportunity and 
no temptation to use it myself. But in the fall of 1827, 
while I was in charge of the store for Parson Peck, I 
one day purchased a hundred home-made cigars, and in 
the evening invited some young friends to smoke with 
me. I knew so little of the use of the article and of its 
effects, that I never once thought of its making me sick. 



DEATH OF A BURGLAR. 39 

I therefore smoked as long and as much as the others. 
After they had left the store, I became exceedingly sick. 
I have had several attacks of fever, and have been sea- 
sick at different times; but I never endured sensations 
so distressing as on this occasion. It seemed as if the 
hills were rolling over upon me. 

But this rash experiment proved in the end a great 
benefit to me, and I was amply rewarded for my suffer- 
ings. It prevented me from ever using tobacco in any 
form. This was the first and last time I ever smoked. 

He is a 'cery wise man who profits by the experience 
of others, without waiting to suffer himself before he 
learns. If I could only jDlace my views in the minds of 
young men, before they contract the useless, expensive, 
often offensive, and sometimes positively injurious habit 
of using tobacco, I should accomplish a great good. 

It is our plain duty to give as little pain to our fel- 
low beings as we reasonably can. The man who uses 
tobacco wastes a considerable sum in the course of a 
long life, which justly belongs to his family. It is al- 
most impossible for a smoker to avoid giving great pain 
to others at times. He is sure to smoke at improper 
times and in wrong places. The danger of using tobac- 
co to excess is so great, that a young man who is known 
to use it will find it far more diflicult to procure em- 
ployment. The business man who smokes himself would 
prefer that his clerk should not. The use is undoubted- 
ly injurious to some constitutions, if not to all ; and no 
young man, about to learn the use of tobacco, can tell 
in advance how much he may be injured. There is, 
therefore, a useless risk incurred, which is not in accord- 
ance with good, practical business sense; and the habit, 
once acquired, is most difficult to correct. 

During the time I was retailing liquor above men- 



40 RECOLLECTIONS OF AN OLD PIONEER. 

tioned, in 1830, a melancholy circumstance occurred, 
which I have long deeply regretted. My stock of goods 
being very low, and my wife sick with fever, I removed 
her to her father's house, about a mile distant. Par- 
son Peck had built a neat frame storehouse, which fell 
to me in the purchase. My brother-in-law, Hardin J. 
Rogers, often slept at the store, but occasionally no one 
slept there. One morning, when I went to the store, I 
found the window-shutter forcibly broken open by the 
use of some flat instrument, about the size of a two-inch 
chisel. I lay there myself at night watching for the 
burglar, until I became so sleepy that I could keep 
awake no longer. I lay upon the floor behind the 
counter, with a loaded shot-gun on the counter above 
me, determined to shoot the burglar if he should come 
and enter the store. The window-shutter was generally 
fastened with an iron bolt on the inside. It was not 
fastened this night, but from the shutter a string ex- 
tended to the handle of a large tin coffee-pot placed by 
me on the edge of the counter, so that opening the shut- 
ter would at once throw off the pot, the fall of which 
would necessarily make a great noise. I kept awake 
until late at night, when I fell asleep. In the morning 
I found the pot on the floor, but so sound was my slum- 
ber that I had not heard it. It had evidently frightened 
the burglar, so that he did not enter. I then deter- 
mined I would try another plan. I securely fastened 
the shutter and placed the shot-gun cocked upon the 
counter, with a string extending from one end of the 
yardstick to the shutter, and so arranged that when the 
shutter was forced open the gun would go off. Next 
morning, when I went to the store, I found a negro man 
lying on his back dead, with a mill-pick and a jug by 
his side. He had broken open the window-shutter with 



RETURN TO MISSOURI. 41 

the pick, and the shot and one bullet had entered his 
forehead and produced instant death. I at once went 
to Bolivar and told the circumstances as they occurred, 
and inquired for the coroner. My friend Major John H. 
Bills told me confidentially that he would advise me not 
to mention the fact, as it might involve me in penalties ; 
but I told him I must state the truth. An inquest was 
duly held, and I was called as a witness, but told I was 
not legally bound to state anything that would tend to 
criminate myself ; but I stated all the facts truly. I 
was never prosecuted, and the owner of the slave never 
sued me for damages. It was a clear case of justifiable 
homicide under the laws of the State. Still, in after- 
life, I have deeply regretted the act ; and, the older I 
become, the more I could wish it had never occurred. 
The poor negro was fond of liquor, and wanted nothing 
else. It was a sad case. I had no idea who it could be 
until he was killed. He was employed at a mill some 
two miles distant. I am hard to excite, but when fully 
aroused my natural feelings are desperate. But, thank 
God, through his mercy, the idea of shedding human 
blood is now terrible to me. I would rather bear almost 
any injury than take human life. 

RETURN TO MISSOURI — CROCKETT AND HUNTSMAN, 

My brother. Glen O. Burnett, two years younger 
than myself, came to Hardeman Coijnty, and married 
the other daughter of Mr. Rogers, January 6, 1830. 
In the fall of 1830 Mr. Rogers moved to Clay County, 
Missouri. I found it impossible for me to continue the 
mercantile business in that locality ; and I decided to 
close up my business, pay my debts, and study law. 
My brother Glen determined to return to Clay County, 
Missouri, where my father had given him a tract of 



42 RECOLLECTIONS OF AN OLD PIONEER. 

land. I also decided to return thither. It was accord- 
ingly arranged between us that my wife and little son 
should accompany him, while I remained to close up my 
business. I supposed it would take me a few months. 
In the mean time Hardin J. Rogers and myself sent to 
Nashville, by my cousin John M. Hardeman, and pur- 
chased a small library of law-books, containing only the 
elementary works upon the science. We boarded and 
lodged with an uncle of my wife's, William Hardin, 
built a little log office, and prosecuted our studies vigor- 
ously. I had my old business to wind up, and had to 
travel about the country a good deal, endeavoring to 
collect debts due to me, in which effort I had but mod- 
erate success. Cotton was low, and times were hard. 
When my notes became due, they were placed in the 
hands of Austin Miller, Esq., a lawyer of Bolivar, for 
collection. I went at once to him and assigned to him 
all debts due to me, with a few exceptions. He took 
the assignment, and then placed the debts in my hands 
for collection. I collected all I could, and paid the 
amounts collected to him, I would not leave the State 
without his consent. 

In the fall of 1831 new troubles assailed us. I was 
first attacked with fever, and then Hardin J. Rogers 
was attacked in turn. I recovered, and he died. Poor 
fellow ! I loved him as a brother, and he was worthy. 

After remaining in Tennessee thirteen months, and 
collecting all I could, there was still a considerable sum 
due upon my notes. It was useless to remain longer ; 
and, after consultation with Austin Miller, and with his 
consent, I determined to accompany my wife's uncle, 
George M. Pirtle, who was then moving from Harde- 
man County to the southwestern portion of Missouri, 
as far as the Mississippi Rivei', and there take a steamer 



RETURN TO MISSOURI. 43 

bound to St. Louis. This was in March, 1832. We 
traveled on slowly with wagons and teams, stock and 
family, until we reached the river ; and there we sep- 
arated. My finances were exceedingly low, and I was 
dressed in a suit of jeans with my elbows out, as when 
I arrived at Bolivar five years before. I soon took a 
cabin passage on a large steamer ; and was perhaps the 
most shabbily dressed man in the cabin. I was evi- 
dently considered by the other passengers as quite 
green, as some of them soon started a report that the 
small-pox was on board. But I saw, from the glances 
they gave toward me and the winks they gave their 
companions, that they were simply aiming to quiz me 
and other passengers. I said nothing and paid no at- 
tention to their statements. 

We arrived safely at St. Louis, and I at once went 
up and down the shore of the river to find a steamer up 
for Liberty Landing ; but I could find only one for the 
Missouri River, and that was the old " Car of Com- 
merce," only bound to Lexington, about thirty -five miles 
below my point of destination. I had only |15.62|^ in 
my pocket, and the price of a cabin passage was $15 ; 
and the boat would not leave for several days. I there- 
fore debated with myself whether I should take a cabin 
or deck passage, and I determined that I would stand 
erect as long as possible. I went to the clerk of the 
boat and told him I would take a cabin passage, pro- 
vided he would allow me to come on board at once, 
without the expense of staying at an hotel. To this he 
at once assented. / 

We were seven days making the trip to Lexington, 
and arrived there on Sunday morning. I at once 
crossed the Missouri River, and went on foot eight 
miles to Richmond, where I had acquaintances, from 



44: RECOLLECTIONS OF AN OLD PIONEER. 

whom I hoped to procure a horse. But, it being Sun- 
day, I could find no one at home that I Iqiew ; and I 
continued the journey on foot until near suhdown, when 
I arrived at the house of Winfrey E, Price, about twelve 
miles from Liberty. I was not much sensible of fatigue 
until I made an efiiort to cross the fence around the 
yard, when I found it was all I could do to throw my 
right foot over. I had traveled the distance of about 
twenty-two miles. The next day I made my way to 
Liberty, riding a portion of the distance on a led horse, 
bareback. At Liberty I procured a horse and reached 
the house of Mr. Rogers before night. I found my 
wife and boy well, after a separation of fourteen months. 
This long separation was one of the hardest trials of my 
life, and gave us perhaps more pain than any other ; 
not only because it was long, but because its length was 
not anticipated by us, and our young and fond hearts 
were not prepared to meet the severe trial. 

There are some singular coincidences in the facts of 
our acquaintance and marriage. My wife and myself 
were born in adjoining counties in Tennessee, but our 
parents never knew or heard of each other. My father 
moved first to Williamson County, Tennessee, then to 
Howard, and lastly to Clay County, Missouri. When I 
was nearly grown, circumstances wholly unforeseen led 
me to return to Tennessee, and then to go to Bolivar, and 
from thence to Clear Creek ; and it just so happened 
that Mr. Rogers, who had long lived on the same farm 
in Wilson County, moved to the Western District, and 
located in my immediate neighborhood. 

While I was in Hardeman County, David Crockett 
and Adam Huntsman were rival candidates for Con- 
gress. Huntsman was elected by a small majority, the 
race being very close. He was a man of great ability, 



CROCKETT AND HUNTSMAN. 45 

fully equal to Crockett in native intellect, and much 
his superior in education and mental training. He was 
distinguished as a lawyer, statesman, and wit. Pos- 
sessed of these qualifications, he would have easily beaten 
Crockett in an old community ; but there was much pre- 
judice in the minds of the early settlers against lawyers. 
This objection was urged against Huntsman ; but he 
met it with great good humor in this way. He wore a 
wooden leg ; and, after readily conceding that there 
were objections against the profession of the law, he 
would insist that his Avas an exceptional and excusable 
case ; " for," said he, " I could not work, to beg I was 
ashamed, and I could not steal, because they would all 
know it was Huntsman by his track ; and I was thus 
compelled to be a lawyer." After the election Crockett 
complained through the newspapers, giving many rea- 
sons for his defeat, and charging his opponents with un- 
fair dealing. Huntsman replied, and among other things 
said that his rival had not given the best reason for his 
defeat, and that was, he did not obtain votes enough. 

This objection is often urged against lawyers when 
candidates for seats in legislative bodies. A very infe- 
rior lawyer was a candidate for the Legislature in some 
county in Kentucky ; and a distinguished old lawyer 
happened to overhear some citizens say they would not 
vote for him because he was a lawyer. The old lawyer 
at once stepped up to them, saying, " if that was their 
only objection, they might safely vote for him, as he 
was not lawyer enough to hurt him." 

In the Presidential canvass of 18r28, General Jackson 
was accused by some of his political opponents of being 
illiterate. It was alleged that he spelled the words " all 
correct " thus, " oil korrect." Hence originated the ab- 
breviation " O. K." 



46 RECOLLECTIONS OF AN OLD PIONEER. 

About the year 1824, a gentleman from Kentucky, 
aged twenty-five, settled in Clay County, Missouri. 
While his education was exceedingly limited, he pos- 
sessed a superior native intellect. He was a splendid 
judge of human nature, and, although illiterate, expressed 
his views of men and measures in language clear, con- 
cise, and strong. He soon proved to be a very superior 
business man, and ultimately acquired a very fine es- 
tate, which he subsequently lost during our late civil 
war. When he first arrived in Clay County, he spelled 
Congress thus, " Kongriss " ; but, like the Baptist 
preacher Casey (whose name is mentioned in another 
page), his natural ability was such that the people of 
his district elected him to a seat in the State Senate. 
While attending his first session of that body, he was 
asked how low the mercury fell in his locality. He 
promptly replied, "It run into the ground about a 
feet." Hence arose the saying, "running it into the 
ground." 

During my stay in Hardeman County, a young man, 
who was a droll and eccentric genius, was a burlesque 
candidate for a seat in the Legislature of Tennessee. His 
speeches were very amusing. In addressing the people, 
he declared that he could not truly say, as did his hon- 
orable competitors, that he was solicited and urged by 
his friends to become a candidate ; that he was not like 
some animals, whose ears you had to pull off to get them 
out, and their tails to get them back ; but that he be- 
came a candidate voluntarily, and was running on his 
own hook, and without the solicitation of his friends, 
for he was not aware that he had any. He, or some 
other person, about that time, gave a very forcible de- 
scription of a vacillating politician, and applied to him 
this verse : 



"0. K.," "KONGRISS." 47 

" He wabbled in, and wabbled out, 
Until he left the mind in doubt 
Whether the snake that made the track 
Was going South, or coming back." 

I had never heard of this verse before, and have not 
seen or heard it quoted since, and can not say whether 
it was original with the speaker or not. It made such 
an impression upon my memory that I never forgot it. 



CHAPTER II. 

ACT AS CLEKK FOR A TIME THEN GO INTO THE MER- 
CANTILE BUSINESS WITH OTHERS. 

When I arrived at the house of Mr. Rogers, in Clay 
County, in the month of April, 1832, I had only sixty- 
two and a half cents left, was some seven hundred dol- 
lars in debt, had a wife and one child to support, and 
was out of employment. I had studied law altogether 
about six months only, and was not then prepared to 
make a living at the practice ; and I therefore deter- 
mined to obtain a position in some store as a clerk. I 
visited Lexington, Missouri, where John Aull then did 
a larsre mercantile business, and who was an intimate 
friend of my father ; but he had no vacancy to fill, hav- 
ing all the help he required. I returned to my father- 
in-law's house at a loss what to do. In a few days there- 
after Edward M. Samuel, then in partnership with Sam- 
uel Moor in the mercantile business in Liberty, returned 
from Philadelphia with a new assortment of goods, and 
sent me word that he wished to see me. I had sent for- 
ward by water from Tennessee my little household fur- 
niture, and my best clothes. I therefore dressed myself 
as well as I could, and promptly went to see Messrs. 
Samuel and Moor. Mr. Samuel was the active partner, 
and Mr. Moor the capitalist of the firm. Mr. Samuel 



ACT AS CLERK FOR A TIME. 4.9 

was pleased with me, and asked me Avhat I would charge 
them per annum, and find myself. I replied that I had 
just arrived, and did not know what I ought to ask ; but 
that I had heard that Mr. Bird had a salary of four 
hundred dollars per annum, he finding himself, and that 
I thought I could do their business as well as Mr. Bird 
did that of Mr. Aull. He replied, without hesitation, 
that they would give me the same salary, and let me 
have such goods as I might want for myself and family 
at a price below the ordinary retail price of the store. 
Mr. Bird had been a schoolmate of mine in old Frank- 
lin in 1820. 

I at once removed with my family to Liberty, rented 
a log-house for twenty-five dollars a year, and set to 
work manfully. Expenses were then light in Liberty. 
Pork was one dollar and fifty cents per hundred 
pounds, wood one dollar a cord, flour very cheap, 
corn meal twenty-five cents a bushel, potatoes twenty 
cents per bushel, chickens seventy-five cents per dozen, 
and eggs fifteen cents a dozen. 

I remained in the employment of Samuel & Moor 
fifteen months, and they urged me to remain longer, 
offei-ing to increase my salary ; but, having pretty well 
paid up my debts, I determined to go into the law. I 
obtained a license to practice from Judge Tompkins, of 
the Supreme Court of Missouri, purchased a house and 
lot in Richmond, Missouri, for the small sum of eighty 
dollars, repaired the same, and was on the eve of going 
there to reside and practice my profession, when I re- 
ceived a proposition from James M. and G. L. Hughes 
to enter into partnership in the mercantile business with 
them, upon very advantageous terms. They were to 
furnish a cash capital of eight thousand dollars, while I 
was not required to contribute any, and each partner 



50 RECOLLECTIONS OF AN OLD TIONEER. 

was to give his personal services to the business and 
have one third of the profits. 

At that time, the mercantile business was prosperous, 
while the practice of the law was at a low stage, there 
being very little litigation in the country. I was still 
anxious to make a fortune, and this was the best oppor- 
tunity that offered. We entered into partnership at 
the beginning of 1834, and received our first supplies 
in the spring of that year. We did a safe, good busi- 
ness that season, and I went East in the beginning of 
•^1835 to make the annual purchases. In 1836 we^took 
into the firm, as a partner, Colonel John Thornton, one 
of the wealthiest men of Clay County, who contributed 
five thousand dollars cash capital ; thus making our 
total cash capital thirteen thousand dollars, which was 
large for that time and country. We continued this 
firm until the middle of 1837, when Thornton and my- 
self purchased the interest of James M, and G. L. 
Hughes ; and I went East in the beginning of 1838 to 
procure a new stock of goods. By the agreement be- 
tween them and us, we were to occupy the storehouse, 
which belonged to James M. Hixghes, until the first of 
May, 1838.^ It was understood between Colonel Thorn- 
ton and myself that he should erect a storehouse upon 
a lot he owned in Liberty, and have it ready by the time 
the lease should expire. I made a very successful trip 
to Philadelphia, and returned with our new goods about 
the first of April, but found the storehouse unfinished. 
The Colonel had employed a man to lay the stone foun- 
dation, who did the work so badly that it became neces- 
sary to tear it down and rebuild. Our sales were fine 
during the month of April ; but when the first of May 
arrived, no house on the Public Square could be ob- 
tained in which we could open our goods ; and we were 



THEN GO INTO THE MERCANTILE BUSINESS. 61 

compelled to box them up in part, and send another 
portion of them to the country, where we did but a 
poor business. The new store was finished and occu- 
pied in October ; but the season for our summer goods 
had passed, our customers had gone to other houses, 
and we could not reclaim our lost position. The result 
was a heavy loss to us. But besides this, the monetary 
revolution of 1837-38 had reached us, and a great num- 
ber of our customers failed, enough to absorb all the 
profits of the former firm, and more than/enough to 
swallow up those of Thornton & Bui-nett. "* 

Toward the close of 1834 my brother Glen visited me 
on one occasion, and told me it was almost impossible 
for him to make a living on his little farm ; and that, 
as his family bade fair to be large, he did not know what 
to do. A plan at once occurred to me. Said I, " Will 
you do as I advise ? " He replied " Yes." " Then go 
home, sell all you have, raise all the money you can, and 
I will put in as much as you do ; and I will bring you 
out a small stock of goods in the spring, and you have 
the house ready to receive them when they shall arrive." 
He at once acted on my suggestion and established the 
store at Barry, a small place ten miles west from Liber- 
ty. Here he did well for a year or two ; but, by the 
advice of others, we engaged in building and running a 
steam saw-mill and distillery, which entailed upon us a 
heavy loss. It somehow or other always happened so 
with me, that whenever I had anything to do with li- 
quor, either in making or selling it, some misfortune 
would befall me. I have a dread of steam saw-mills, 
steam distilleries, and the mercantile business generally. 

In 1837 William L. Smith!^ one of my brothers-in- 
law, came into partnership with Glen and myself ; and 
the new firm borrowed of John Aull the sum of ten 



52 RECOLLECTIONS OF AN OLD PIONEER. 

thousand dollars, with interest at the rate of ten per 
cent, per annum, the jSrincipal payable in five years af- 
ter 1838, Mr, Smith and myself became in time the sole 
partners, my brother Glen having retired. I had myself 
finally to pay most of the losses of Glen O, Burnett & 
Co. (Glen O, and Peter H, Burnett), which amounted 
to some two thousand dollars, the loss mainly caused by 
that steam saw-mill and distillery. Mr. Smith and my- 
self were equally unfortunate ; and, after prosecuting 
the business five years with unremitting energy, I found 
myself in debt to the extent of about fifteen thousand 
dollars. 
f My partners, Colonel Thornton and Major Smith, 
were men of capital, and no creditor of either firm lost 
anything. But I was only the business man, with little 
or no capital ; and I lost five years' time and expenses, 
and a great deal more besides. I was unable to make 
up my portion of the partnership losses in the firms of 
Thornton & Burnett, and Smith & Burnett, or to pay 
the amount I had used for my support. I lost in both 
firms. 

EETUBjST to the law EMrLOTED BY THE MOKMON 

ELDERS — PROCEEDINGS ON HABEAS CORPUS. 

From the latter part of 1833 to the middle of 1838 I 
had not opened a law-book, and had forgotten much of 
that which I had learned. In the spring and summer of 
1838 I had an attack of sickness, which prevented me 
from doing any business for several months. After my 
recovery, foreseeing what might be the result of my mer- 
cantile operations, I read the Statutes of Missouri, and 
studied well the decisions of the Supreme Court of that 
State, in the fall and winter of 1838-'39. 

In the beginning of 1839 I determined once more to 



RETURN TO THE LAW. 53 

try the law, and to bid a final adieu to the mercantile 
business. Circumstances were favorable. After my 
arrival in Liberty in April, 1832, I was a member of a 
debating society, and in 1838 I engaged to some extent 
in the political contests of that time, and made several 
stump speeches. I also edited a weekly newspaper, 
" The Far West," published in Liberty. My services 
were gratuitous, as I desired improvement, not salary. 
I had therefore acquired some reputation as a speaker 
and writer. Besides, the Mormon difficulties of 1838- 
'39, which led to their final expulsion from Missouri, 
produced a heavy amount of litigation. 

The lawyers with whom I came mainly in compe- 
tition had been at the bar from eight to fifteen years ; 
and among them wei'e D. R. Atchison, William T. 
Wood, Amos Rees, A. W. Doniphan, John Gordon, 
Andrew S. Hughes, and William B. Almond. Austin 
A. King was then our Circuit Judge. Atchison was a 
member of the Legislature, and Doniphan had been 
sick, and was for some months unable to attend to busi- 
ness. These combined circumstances threw into my 
hands a consideralBle practice the first year. I remem- 
ber that among the first suits I brought were several for 
debt against some of the Mormons in Caldwell County, 
some thirty miles from Liberty. I had to begin them 
at once, as the circumstances would not admit of delay. 
I had no books to refer to, and had to draw up the 
declarations from memory. I therefore stated the facts 
substantially, but in a form most untechnical. These 
declarations caused considerable amusement ; but I 
amended them, and obtained my judgments. 

In the beginning of 1839, Amos Rees, A. W. Doni- 
phan, and myself were employed as counsel by Joseph 
Smith, Jr., Sidney Rigdon, Lyman Wight, and other 



54 RECOLLECTIONS OF AN OLD PIONEER. 

Mormon leaders, then in Liberty jail, they having been 
committed by Judge King for treason, arson, and rob- 
bery, alleged to have been committed in Davis County. 
There was no jail in that county, and, as Liberty jail 
was the nearest secure prison, they wei-e confined there 
until the meeting of the Circuit Court of Davis County, 
in March, 1839. An investigation had been had in De- 
cember, 1838, at Richmond, before Judge King as com- 
mitting officer, in which I had not participated, though 
present. The Mormons had been driven from Jackson 
County in 1833, and had taken refuge in Clay ; and, 
after remaining there a year or two, they had moved to 
the new prairie county of Caldwell, north of Clay, 
where they advanced rapidly with their improvements, 
until interrupted by the difficulties of the fall of 1838. 

We had the prisoners out upon a writ of habeas cor- 
pus, before the Hon, Joel Turnham, the County Judge 
of Clay County. In conducting the proceedings before 
him there was imminent peril. The people were not 
only incensed against the Mormons, but they thought it 
was presumption in a County Judge to release a pris- 
oner committed by a Circuit Judge. The law, however, 
considered all committing magistrates — judges of courts 
as well as justices of the peace — as equals when acting 
simply in that inferior capacity. We apprehended that 
we should be mobbed, the prisoners forcibly seized, and 
most probably hung. Doniphan and myself argued the 
case before the County Judge — Mr, Rees, who resided 
in Richmond, not being present. All of us were in- 
tensely opposed to mobs, as destructive of all legitimate 
government, and as the worst form of irresponsible 
tyranny. We therefore determined inflexibly to do our 
duty to our clients at all hazards, and to sell our lives 
as dearly as possible if necessary. We rose above all 



EMPLOYED BY THE MORMON ELDERS. 55 

fear, and felt impressed with the idea that we had a 
sublime and perilous but sacred duty to perform. We 
armed ourselves, and had a circle of brave and faithful 
friends armed around us ; and, it being cold weather, 
the proceedings were conducted in one of the smaller 
rooms in the second story of the Court-House in Lib- 
erty, so that only a limited number, say a hundred per- 
sons, could witness the proceedings. 

Judge Turnham was not a lawyer, but had been in 
public life a good deal, and was a man of most excellent 
sense, very just, fearless, firm, and unflinching in the 
discharge of his duties. We knew well his moral nerve, 
and that he would do whatever he determined to do in 
defiance of all opposition. While he was calm, cool, 
and courteous, his noble countenance exhibited the high- 
est traits of a fearless and just judge. 

I made the opening speech, and was replied to by the 
District Attorney ; and Doniphan made the closing 
argument. Before he rose to speak, or just as he rose, 
I whispered to him : " Doniphan ! let yourself out, my 
good fellow ; and I will kill the first man that attacks 
you." And he did let himself out, in one of the most 
eloquent and withering speeches I ever heard. The 
maddened crowd foamed and gnashed their teeth, but 
only to make him more and more intrepid. He faced 
the terrible storm with the most noble courage. All the 
time I sat within six feet of him, with my hand upon my 
pistol, calmly determined to do as I had promised him. 

The Judge decided to release Sidney Rigdon, against 
whom there was no sufficient proof in the record of the 
evidence taken before Judge King. The other prisoners 
were remanded to await the action of the grand jury of 
Davis County. Rigdon was released from the jail at 
night to avoid the mob. 



56 RECOLLECTIONS OF AN OLD PIONEER. 

ORATION BY SIDNEY RIGDON. SERMON BY JOSEPH SMITH, 

JR. BATTLE BETWEEN THE DANITES AND CAPTAIN 

BOGARD. 

If I remember correctly, it was in the spring of 1838 
that Smith and Rigdon came from Kirtland, Ohio, to Far 
West, the county seat of Caldwell County, Missouri. 
Rigdon delivered an oration on the Fourth of July, 
1838, at Far West, in which he assumed some extraor- 
dinary positions in reference to the relation the Mor- 
mons sustained to the State Government. This dis- 
course gave great offense to the people of the adjoining 
counties, particularly to those of Ray and Davis. Seri- 
ous difficulties were evidently bi-ewing. 

I well remember the first time I ever saw Joseph 
Smith, Jr. I arrived at Far West one Saturday even- 
ing in^June or July, 1838, and found there John McDan- 
iel, a young merchant of Liberty. John was wild, im- 
prudent, and fond of frolics. On Saturday he had 
openly ridiculed Smith's pretensions to the gift of 
prophecy, and his remarks had been reported to the 
prophet. On Sunday John and myself went to hear 
Smith preach. The church was a large frame build- 
ing, with seats well arranged and a good pulpit. We 
were treated with great politeness, and kindly shown 
to seats that commanded a full view of the whole pro- 
ceedings. The congregation was large, very orderly, 
and attentive. There were officers to show people to 
their seats, who were most polite and efficient in the 
discharge of their duties. 

Two sermons were delivered by other preachers, 
which were simply plain, practical discourses, and cre- 
ated no emotion. But, when Joseph Smith, Jr., rose to 
speak, he was full of the most intense excitement. He 



ORATION BY SIDNEY RIGDON. 57 

boldly denounced McDaniel in the most severe terms, 
saying, in substance, that no man should come to Far 
West and openly vilify and slander him, and that, if 
his brethren would riot protect him, he would protect 
himself. I had not heard of the remarks of McDaniel, 
and was wholly taken by surprise. I watched him as 
he sat by my side, and he was as pale as a corpse, but 
did not stir or open his lips. The Mormon audience 
were deeply moved, but preserved good order. After 
the services were ended, McDaniel requested me to go 
with him to see Smith, and we did so. An explanation 
was made on both sides, and the matter there terminated. 

The Mormons extended their settlements into the 
adjoining county of Davis, at a place called Adam on 
Diamon, the name being significant of some religious 
idea which I have forgotten. The people of Davis 
(who were rather rude and ungovernable, being mostly 
backwoodsmen) were very miich opposed to this, al- 
though the Mormons had paid for the lands they occu- 
pied. The Mormons insisted on their legal rights as 
citizens of the State, while the people of Davis deter- 
mined that they should not vote in that county at the 
August election of 1838. 

When the election came on, the men of Davis County 
made an effort to prevent the Mormons from voting at 
that precinct. A fight ensued, in which the Mormons 
had the best of it. Other difficulties followed, until 
Lyman Wight, at the head of the Mormon forces, in- 
vaded Davis County, most of which he overran, driving 
all before him. General D. R. Atchison, then com- 
manding the militia in that part of the State, ordered 
Captain Bogard, of Ray County, to call out his militia 
company and occupy a position on or near the county 
line between Ray and Caldwell, and preserve the peace 



58 RECOLLECTIONS OF AN OLD PIONEER. 

between the people of the two counties. But Captain 
Bogard was not a very discreet man, and his men were 
of much the same character. Instead of confining him- 
self and his men within the limits of his own county, he 
marched one day into the edge of Caldwell, and was not 
only rather rude to the Mormons residing there, but ar- 
rested one or two of them, whom he detained for some 
little time. 

Information of this proceeding was conveyed to Far 
West that same evening ; and Smith at once ordered 
Captain Patton, with his Danite band, to march that 
night and attack Bogard. Captain Bogard had retired 
into the edge of Ray County, and encamped in a narrow 
bottom on the banks of a creek, among the lai'ge scat- 
tering oak timber, and behind a slough-bank some four 
feet high. He apprehended an attack, and had well 
selected his ground. The wagon-road crossed the stream 
just below his encampment, and the road ran down the 
top and point of a long ridge, covered thickly with 
young hickories, about ten feet high and from one to 
two inches in diameter at the ground. No one could 
be seen approaching the encampment until arriving 
within a short distance of it ; but Captain Bogard had 
placed out a picket-guard on the road some half mile 
above, at a point where open woods commenced. 

I remember well one of the two guards. His name 
was John Lockhart, a tall East Tennesseean. Just be- 
fore day the Mormons were seen approaching, and were 
hailed by the guards ; but, receiving no satisfactory an- 
swer, the guards fired and then fled to the camp. One 
of the Mormons was killed here, but they fired no shot 
in return, made no halt, but continued their march in 
silence and good order, and drew up in line of battle 
immediately in front of Bogard's position, and about 



MILITIA ORDERED OUT. 59 

forty yards distant. Not a word was said until the line 
was formed, and then orders wei-e given to fire. Pat- 
ton's men, being entirely exposed, suifered severely from 
the first fire, he himself being mortally wounded, and 
one or two of his men being killed and others wounded. 
He saw at a glance that his men could not stand such a 
fire, while his enemies were protected by a slough-bank; 
and he at once ordered his men to charge with their 
drawn swords. Bogard's men, having no swords, broke 
their ranks and fled. Several were overtaken in the re- 
treat, and either cut down or captured. Bogard had 
about sixty and Patton eighty men, and eight or ten on 
each side were killed or wounded. One Mormon was 
evidently killed by one of his own companions, as his 
wound was a sword-cut in the back of his head. He 
had doubtless charged with more precipitancy than his 
comrades ; and, as there was no difference in the dress of 
the opposing forces, he was mistaken for a retreating 
enemy. 

MILITIA ORDERED OUT SURRENDER OF THE MORMONS. 

John Estes, one of Bogard's men, who was in the 
fight, escaped and came to Liberty the same day, and 
gave information to General Atchison. The latter at 
once ordered the Liberty Blues to march to the battle- 
ground, and there await further orders. I was a mem- 
ber of this independent militia company. 

We made ready, and were off before night, and 
marched some ten miles that evening, under General 
Doniphan. The next day we reached the scene of con- 
flict, and encamped in the edge of the open oak-woods 
next to the prairie that extended from that j^oint to Far 
West (the town being in the open prairie), and on the 
road that Patton had traveled to attack Bogard, and 
4 



60 RECOLLECTIONS OF AN OLD PIONEER. 

about one mile nearer Far West than Bogard's camp. 
We were joined by some of Bogard's men, so that we 
numbered about one hundred. The first night after our 
encampment was cold and frosty. I remember it well, 
for I was on guard that night. 

Among those who had fallen in with us was a lad of 
about eighteen, quite tall, green, and awkward. He 
was dressed in thin clothing, and when put on guard 
was told by the officer not to let any one take his gun. 
He said no one would get his gun. When the oflicer 
went around to relieve the guard, this boy would not 
permit him to come near, presenting his gun with the 
most determined face. In vain the officer explained his 
purpose ; the boy was inflexible, and stood guard the 
remainder of the night, always at his post, and always 
wide awake. We anticijiated no attack this night, as 
the Mormons, at Far West, were not aware of our ap- 
proach in time to reach us until the next night, when 
we did expect an attack. 

The next day was warm and beautiful, and was what 
is called "Indian summer." I went upon the battle- 
field and examined it carefully. The dead and wounded 
had all been removed ; but the clots of blood upon the 
leaves where the men had fallen were fresh and plainly 
to be seen. It looked like the scene of death. Here 
lay a wool hat, there a tin cup, here an old blanket ; in 
the top of this little tree hung a wallet of provisions ; 
and saddles and bridles, and various articles of clothing, 
lay around in confusion. The marks of the bullets were 
seen all around. I remember that a small linden-tree^ 
three or four inches in diameter, that stood behind 
Patton's men, seemed to have been a target, from the 
number of shots that had struck it. 

The second night was clear moonlight, warm and 



SURRENDER OF THE MORMONS. 61 

pleasant. Having been on guard the night before in 
the cold frost, I slept very soundly. Somewhere about 
midnight one of the picket-guards, placed some distance 
out in the prairie, on the road toward Far West, came 
in, giving information to our commander that a body 
of armed men was approaching us along that road, and 
from the direction of Far West. Very soon another 
guard, from another point, came in and confirmed the 
statement of the first. An alarm was at once given. 
The first thing I remember to have heard was the voice 
of Lieutenant AYilliam A. Dunn, close to our camp, 
calling aloud, " Parade ! parade ! the Mormons are com- 
ing." His voice was remarkably loud and distinct, and 
rang awfully in my ears. A fearful impulse came over 
me, such as I had never felt before, I knew that it was 
most probable that the victorious Danites would be 
upon us, as they had been upon Bogard. It was what 
we had every reason to expect. We knew they had 
about eight hundred men at Far West, and were fully 
able to subdue us if they determined to do so. I said 
to myself, " Now we catch it." I at once seized my 
rifle and fell into the ranks. A few of our men were 
so alarmed that they mounted their horses and rode to 
the rear of our encampment. A moment after falling 
into ranks, I looked up and down the line, and the 
men were shivering as if with cold, though the night 
was warm. Their teeth chattered from the effects of 
alarm. I said, "Boys, it has turned cold very sud- 
denly," which remark produced a feeble laugh. 

After waiting a few moments, which seemed to us 
very long, and no enemy attacking us, Doniphan came 
around calling for twenty volunteers to go out to re- 
connoiter and bring on the action. I said to myself, 
"I am not in that scrape." There was not a word 



62 RECOLLECTIONS OF AN OLD PIONEER. 

said, and not one volunteered. I reflected upon it until 
I became ashamed ; and I said to Thomas Parish, who 
stood by my side, " Suppose we go out." He said, 
" Agreed," and out we went. We were joined by four 
others, making, with Lieutenant Dunn, seven in all, 
Avhich number was all we could obtain. We asked 
Dunn if we should go, and he replied, "Say your- 
selves." We said, " Go," mounted our horses, and were 
off in a gallop. As we passed the front line, all the 
men were down on one knee, rifle in hand. We found 
the guards at their posts, and passed on rapidly. The 
sorrel mare that I rode was a very fleet little animal, 
and, having been often trained and run before I pur- 
chased her, she no doubt supposed we were running a 
race ; and to carry my gun in my right hand, and hold 
her in with my left, I found impossible. I was about 
twenty yards ahead of my comrades when, sure enough, 
we saw in the clear moonlight a body of armed men 
approaching. We galloped on until we reached with- 
in some hundred yards, then drew up and hailed them, 
when, to our great satisfaction, we found it was a body 
of militia under Colonel Gilliam, from Clinton County, 
coming to join us. Thus ended this alarm. 

During all this hubbub, the boy who had persisted 
in standing guard the preceding night slept on until 
some one happened to think of him and ask where he 
was. He was then awakened and fell into ranks with- 
out hesitation or trepidation. All admired his courage, 
and agreed that an army composed of such material 
would be hard to defeat. 

After remaining a day or two in camp, so as to give 
time for others to join us, we marched to within half a 
mile of Far West, around which the Mormons had 
made a sort of barricade of timbers, not sufficient to 



PRISONEES BROUGHT BEFORE JUDGE KING. 63 

offer any serious resistance. Finding themselves over- 
powered by numbers, the Mormon leaders, Smith, Rig- 
don, Wight, and others, surrendered. As I understood 
at the time, a proposition was seriously made and ear- 
nestly pressed in a council of officers, to try the prison- 
ers by court martial, and, if found guilty, to execute 
them. This proposition was firmly and successfully 
opposed by Donii^han. These men had never belonged 
to any lawful military organization, and could not, 
therefore, have violated military law. The law of the 
soldier could not aj^ply to them, as they had not been 
soldiers in any legal sense. I remember that I went to 
Doniphan and assured him that we of Clay County 
w^ould stand by him. Had it not been for the efforts 
of Doniphan and others from Clay, I think it most 
probable that the prisoners would have been summarily 
tried, condemned, and executed. 

rRISONERS BEOUGHT BEFORE JUDGE KING JOSEPH 

SMITH, JR. LYMAN WIGHT — SIDNEY EIGDON. 

The prisoners were turned over to the civil authori- 
ties, and sent to Richmond, where they were brought 
before Judge King, who acted as a committing magis- 
trate. The proceedings occupied some days, as a great 
number of witnesses were examined, and their testi- 
mony was taken down in writing, as the statute re- 
quired. I witnessed a portion of the proceedings, and 
remember well that Dr. Alvord (if I mistake not the 
name) was examined on the part of the prosecution. 
He was a very eccentric genius, fluent, imaginative, 
sarcastic, and very quick in replying to questions put 
by the prisoners' counsel. His testimony was very im- 
portant, if true ; and, as he had lately been himself a 
Mormon, and was regarded by them as a traitor from 



64 RECOLLECTIONS OF AN OLD PIONEER. 

selfish motives, his testimony labored under some ap- 
parent suspicion. For these reasons he was cross- 
examined very rigidly. 

After the doctor had been upon the witness stand 
some hours, General Andrew S. Hughes (a great wit) 
came into the case, as counsel for the prisoners ; but 
the fact was unknown to Alvord. Hughes was seated 
among the prisoners, and wore a blanket overcoat, and 
the doctor was wholly unacquainted with him. Other 
counsel for the prisoners had cross-examined the wit- 
ness, and he had refused to answer a question put by 
them. General Hughes said to him, "I will let you 
know that it is not for you, but for the Court, to deter- 
mine whether you shall answer the question." The 
witness turned quickly, looked the General full in the 
face, and, with a most quizzical expression of mock 
surprise upon his countenance, said, " Sir, I do not 
know what relation you sustain to this case. Are you 
one of the prisoners ? " This question produced quite a 
sensation among the attending crowd, who were greatly 
amused at the situation of the counsel. 

General Hughes was quizzed for the time ; but he 
was not the man to remain long in that unpleasant con- 
dition. In a short time he made a motion in the case, 
and in support of that motion made a speech ; and 
when he had finished his argument he took his seat. 
The District Attorney rose to reply ; and, just as he 
commenced. General Hughes rose quickly from his seat, 
saying, in the most droll, sarcastic manner, " If it please 
your Honor, I will save my friend the District Attorney 
the trouble of making a speech. I have gained my 
point, and I withdraw my motion. I only made a 
speech to influence puhlic opinion^'' at the same time 
waving his hand over the crowd. 



JOSEPH SMITH, JR. 65 

When the March (1839) term of the District Court 
of Davis County came on, the sheriff of Clay removed 
the prisoners, under a strong guard, from the jail in 
Liberty to Davis County, to be present at the impanel- 
ing of the grand jury. It was apprehended that the 
prisoners would be mobbed by the irritated people of 
Davis, and the sheriff of Clay was determined to pro- 
tect his prisoners if he could. Mr. Rees and myself 
went to Davis County as their counsel. The court- 
house at the county seat having been burned the fall 
before by Lyman Wight's expedition, the court was 
held in a rough log school-house, about twenty-five feet 
square. This house was situated on the side of a lane 
about a quarter of a mile long. It being immediately 
after the annual spring thaw, this lane was knee-deep 
in mud, especially in the vicinity of the court-house. 

The people of the county collected in crowds, and 
were so incensed that we anticipated violence toward 
the prisoners. In the daytime the Court sat in this 
house, the prisoners being seated upon a bench in one 
corner of the room ; and they were kept under guard 
there during the night. In the end of the room farthest 
from the fireplace there was a bed in which the counsel 
for the prisoners slept. The floor was almost covered 
Avith mud. 

The prisoners arrived on Saturday evening, and the 
Court opened on the following Monday. They were 
fully aware of their extreme danger. As I slept in the 
room, I had an opportunity to see much of what passed. 
The prisoners did not sleep any for several nights. 
Their situation was too perilous to admit of repose. 
Smith and Wight talked almost incessantly. Smith 
would send some one for a bottle of whisky ; and, 
while he kept sober himself, Lyman Wight would be- 



66 EECOLLECTIONS OF AN OLD PIONEER. 

come pretty well drunk, and would kindly invite the 
guards of Davis County (into whose keej^ing the prison- 
ers were then committed) to drink with him, which in- 
vitation was cordially accepted. Some of the guards 
had been in the combats between the Mormons and the 
people of Davis County. 

The subject of incessant conversation between 
Wight and these men was the late difficulties, which 
they discussed with great good nature and frankness. 
Wight would laughingly say, " At such a place " (men- 
tioning it) " you rather whipj^ed us, but at such a place 
we licked you." Smith was not in any of the combats, 
so far as I remember. The guard placed over the pri- 
soners in Davis, after the sheriff of Clay delivered them 
into the hands of the sheriff of that county, did not 
abuse them, but protected them from the crowd. By 
consent of the prisoners, many of the citizens of Davis 
came into the room, and conversed with them hour after 
hour during most of the night. Among others, I re- 
member two preachers, who had theological arguments 
with Smith, and he invariably silenced them sooner or 
later. They were men of but ordinary capacity, and, 
being unacquainted with the grounds Smith would take, 
were not prepared to answer his positions ; while Smith 
himself foresaw the objections they would raise against 
his theory, and was prepared accordingly. 

Joseph Smith, Jr., was at least six feet high, well- 
formed, and weighed about one hundred and eighty 
pounds. His appearance was not prepossessing, and his 
conversational powers were but ordinary. You could 
see at a glance that his education was very limited. He 
was an awkward but vehement speaker. In conversa- 
tion he was slow, and used too many words to express 
his ideas, and would not generally go directly to a point. 



LYMAN WIGHT. 67 

But, with all these drawbacks, he was much more than 
an ordinary man. He possessed the most indomitable 
perseverance, was a good judge of men, and deemed 
himself born to command, and he did command. His 
views were so strange and striking, and his manner was 
so earnest, and apparently so candid, that you could 
not but be interested. There was a kind, familiar look 
about him, that pleased you. He was very courteous 
in discussion, readily admitting what he did not intend 
to controvert, and would not oppose you abruptly, but 
had due deference to your feelings. He had the capa- 
city for discussing a subject in different aspects, and 
for proposing many original views, even of ordinary 
matters. His illustrations were his own. He had great 
influence over others. As an evidence of this I will 
state that on Thursday, just before I left to return to 
Liberty, I saw him out among the crowd, conversing 
freely with every one, and seeming to be perfectly at 
ease. In the short space of five days he had managed 
so to mollify his enemies that he could go unprotected 
among them without the slightest danger. Among the 
Mormons he had much greater influence than Sidney 
Rigdon. The latter was a man of superior education, 
an eloquent speaker, of fine appearance and dignified 
manners ; but he did not possess the native intellect of 
Smith, and lacked his determined will. Lyman Wight 
was the military man among them. There were several 
others of the prisoners whose names I have forgotten. 

I remember to have heard of a circumstance which 
was said to have occurred while the prisoners were 
under guard in Davis, but I can not vouch for its truth 
from my own knowledge. Joseph Smith, Jr., was a 
very stout, athletic man, and was a skillful wrestler. 
This was known to the men of Davis County, and some 



68 RECOLLECTIONS OF AN OLD PIONEER. 

of them proposed to Smith that he should wrestle 
with one of their own men. He at first courteously ob- 
jected, alleging substantially that, though he was once 
in the habit of wrestling, he was now a minister of the 
gospel, and did not wish to do anything contrary to his 
duty as such, and that he hoped they would excuse him 
upon that ground. They kindly replied that they did 
not desire him to do anything contrary to his calling ; 
that they would not bet anything ; that it was nothing 
but a friendly trial of skill and manhood, for the satis- 
faction of others, and to pass away the time pleasantly ; 
and that they hoped he would, under all the circum- 
stances, comply with their request. He consented ; 
they selected the best wrestler among them, and Smith 
threw him several times in succession, to the great 
amusement of the spectators. Though I did not wit- 
ness this incident, I heard it stated as a matter of fact 
at the time, and I have no doubt of its truth. 

The grand jury having found true bills of indict- 
ment against the prisoners, we applied to the Court for 
a change of venue to some county where the prisoners 
could have a fair trial. Upon a hearing of the applica- 
tion, the Court changed the venue to Boone County, 
and committed the prisoners to the sheriff of Davis, with 
instructions to convey them to the proper county ; but 
the prisoners escaped on the way and safely arrived in 
the State of Illinois. Thus ended the Mormon troubles 
in Missouri. 

APPOINTED DISTRICT ATTORNEY — QUALIFICATIONS OF A 
GOOD LAWYER — LABORIOUS PRACTICE. 

I continued the practice of my profession ; but I 
had to close up the old mercantile concerns in which I 
had been a partner, and this labor absorbed a large 



APPOINTED DISTKICT ATTORNEY. 69 

share of my time and thoughts. I found that my mer- 
cantile knowledge was of great benefit to me in my 
profession of the law, especially in commercial cases, I 
was almost always employed in cases to wind up part- 
nerships. I made it a rule, when employed with an- 
other lawyer in a case, especially with older counsel, to 
perform all the labor I could, and that he would permit, 
without regard to any question as to the proper propor- 
tion of labor to be performed by each of us. This 
course in due time made rae a preferred associate. I 
was often employed with Doniphan as assistant counsel 
in civil cases. In criminal cases we were generally op- 
posed. He knew that nothing would be neglected. I 
was a good pleader, cautious, energetic, and vigilant in 
managing a case. It was not often that a demurrer was 
sustained to a pleading of mine, either in civil or crimi- 
nal cases. 

Some time in the winter of 1839-'40, my friend Wil- 
liam T. Wood, then District Attorney for our district, 
very generously came to me, and voluntarily informed 
me that he intended to resign, and would recommend 
me to the Governor of the State for the position. I 
was appointed ; but the district having been sub- 
sequently divided, and a new judicial district created, 
composed of the counties of Clinton, Andrew, Bu- 
chanan, Holt, and Platte, and D. R. Atchison appointed 
Judge, I was appointed District Attorney for the new 
district. 

When I commenced the practice, having but lately 
read the statutes and the reported decisions of the Su- 
preme Court, I was more familiar with them than most 
of the other members of the bar, and was thus able in 
many cases to defeat lawyers much older than myself. 
I was not afraid of labor, and made it a rule that, when 



70 RECOLLECTIONS OF AN OLD PIONEER. 

two different modes of reacHng an end suggested them- 
selves to my mind, one certam, but accompanied with 
great labor, and the other uncertain, but requiring little 
or no work, I always preferred the certain to the uncer- 
tain. I generally avoided being on the wrong side of a 
case, and made it a rule to get at the true facts, so far 
as I could obtain them from my client, by a strong 
cross-examination. If he proposed to bring a suit, and 
had in my judgment no merits in his case, I candidly 
advised him not to sue. If he was a defendant, I ad- 
vised him to settle the difficulty with the plaintiff, with 
as little delay and costs as possible. 

There are two qualities very necessary to a good law- 
yer, one who is truly an ornament to his noble profession, 
namely, Judgment and hnpartiality. Unless he pos- 
sesses both of these qualities, he will be made to give 
his efforts to vexatious litigation, to the disgrace of his 
profession and the subversion of justice. I was never a 
successful lawyer on the wrong side of a case, but I sel- 
dom failed when in the right. I was a very poor de- 
fender of guilty men, and was only employed for the 
defense in a very few criminal cases. 

In 1839 I was employed with Doniphan to defend a 
man of property in Ray County, indicted and tried for 
a very sei'ious offense. We at the time believed him 
to be innocent, and defended him successfully. I can 
not, in my own mind, yet say whether he was guilty or 
not ; but I have long regretted having had anything to 
do with that melancholy case. A young woman was 
examined as a witness for the prosecution, who was of 
good family and character, and whose testimony was 
positive ; and we were forced to impeach her veracity 
in order to acquit our client. Her conduct was open to 
apparent objection, but might have been wholly the re- 



QUALIFICATIONS OF A GOOD LAWYER. 71 

suit of timidity or confusion. I remember that her 
uncle, a most estimable citizen, wept when he heard his 
niece's character for truth called in question. I shall 
never forget his manly tears. It was enough to make 
him weep, under any view of the question. 

I was a vigilant but candid prosecutor. If I became 
satisfied that the prisoner was innocent, I told the jury 
so ; but, if I thought him guilty, I prosecuted him with 
all the energy and ability I possessed, and was generally 
successful. I was District Attorney a little upward of 
three years, was twice appointed by the Governor of the 
State, and was once elected by the people of the dis- 
trict, of which Atchison was judge. In this new dis- 
trict there was more criminal business than in any other 
district of the State, except that of St. Louis. The 
^ great Platte Country, the most fertile portion of the 
State, was annexed to Missouri in the beginning of 1837, 
and settled up rapidly with every class of people. Be- 
sides this fact, the land was open to preemption claims, 
though the country was not at first surveyed ; and this 
uncertainty as to titles and boundaries led to much har- 
assing and bitter litigation, which produced an unusual 
amount of crime. In all my labors since I was grown, 
though I have seen some hard service at different times, 
I do not remember to have been so often utterly worn 
out as I was while District Attorney in Judge Atchi- 
son's district. In Platte County, the largest in the dis- 
trict, and the second county in the State in point of 
population, we generally had from seventy-five to one 
hundred criminal cases on the docket at each term of 
the Court. These cases were of every character, from 
the most trifling to very grave offenses. While they 
were mainly indictments for gambling at cards, there 
were commonly from fifteen to twenty cases of a serious 



72 RECOLLECTIONS OF AX OLD riOXEER. 

character, for which the punishment was generally im- 
prisonment in the Penitentiary. 

It was the duty of the District Attorney not only to 
prosecute the cases before the Court and trial-jury, but 
to attend the grand jury, give them advice, and draw 
up all the indictments. During the first week of the 
term, and while the grand jury were in session, I usually 
wrote from dai-k until midnight, commenced again next 
morning at sunrise, wrote until breakfast, and, after tak- 
ing a light, hasty meal, wrote until about 9 a. m., when 
Court met. The criminal had precedence over civil 
cases on the docket, and were disposed of before the 
civil cases were reached. In Court, I prosecuted from 
9 A. M. until 2 p. M., when the Court adjourned half an 
hour for dinner, and then met again, and remained in 
session until sundown. While in Court I was nearly 
always upon my feet, case after case following in suc- 
cession. I have often gone into the trial of a case of 
grand larceny, without knowing anything of the facts 
except that the prisoner was charged in the indictment 
with stealing a horse or other personal property of the 
person whose name was stated in the indictment as the 
owner. I knew the names of the witnesses on the part 
of the State, because the names were endorsed upon the 
back of the indictment. In these cases I had the wit- 
nesses called, and, if present, I was ready for trial. I 
examined them, in general terms, only far enough to 
make out a priyna facie case against the accused ; and 
then I turned the witnesses over to the prisoner's coun- 
sel, knowing they would bring out all the facts before 
the Court and jury. After the examination of the first 
witness, I was able to see the thread of the testimony, 
and knew how to proceed. I had the criminal law at 
my tongue's end, and was seldom at a loss for authority 



ADMINISTERING CRIMINAL JUSTICE. 73 

to sustain my position, because I would not ask of the 
Court any decision that I thought incorrect. In my 
civil practice it was my general rule not to ask a de- 
cision of a point in my favor that I was satisfied would 
not be sustained in the Supreme Court. I liked to prac- 
tice against prejudiced lawyers, who would insist upon 
points that were not just. I could always defeat them 
in the highest Court, and made it a rule to take appeals 
where I knew I was right. 

DIFFICULTY OF ADMINISTERI>^G CKIMI^S^AL JUSTICE A 

NOTED CRIMINAL AN ABLE AND UPRIGHT JUDGE. 

The duties of District Attorney in that district were 
not only laborious, but difficult and extremely responsi- 
ble upon other accounts. There were five counties in 
the district, and the Platte country was in the shape of 
the letter V, bounded on the east by the old State line, 
on the southwest by the Missouri River, and on the 
northwest by the then wild prairie lands of Iowa. The 
remote county of Holt was in the western and narrow- 
est portion ; and, being not only remote, but thinly in- 
habited, it was under the control for a time of thieves 
and counterfeiters, who, by being upon the trial-juries, 
defeated the ends of justice. I remember that at one 
term of the Court there were some thirty indictments 
and only one or two convictions. I would prove up the 
case as clearly as possible, and yet the jury, after being 
out but a few moments, would return into Court with 
their verdict, " We, the jury, find the defendant not 
guilty." In some rare cases, when the punishment was 
very trifling, they would find the defendant guilty for 
the sake of appearances. 

There was at that time an organized band of crimi- 
nals, at the head of whom was the notorious Daniel 



74 RECOLLECTIONS OF AN OLD PIONEER. 

Whiteman. These men and their friends overawed the 
good citizens of the county. Whiteman said to me, 
laughingly, " Pete, you can't convict anybody, I man- 
age these juries." I remember that much the same state 
of things once existed in Jackson County, at an early 
day, and before I was a member of the bar. Amos 
Rees was then District Attorney, and I have heard the 
facts of the case from other lawyers who were present. 

A man was indicted and tried for selling whisky to 
an Indian. A most intelligent and trustworthy wit- 
ness testified before the trial- jury, that upon a stated day 
and year, in Jackson County, in the State of Missouri, 
he saw an Indian come into the defendant's grocery, and 
put down upon the counter a quarter of a dollar, in sil- 
ver coin of the United States, at the same time handing 
the defendant an empty bottle ; that he saw the defend- 
ant take a gallon measure and draw from a barrel, and out 
of the contents of the gallon measure fill up the bottle 
for the Indian, put the quarter into his (defendant's) 
drawer, and that he then asked the witness to drink out 
of what remained in the measure from which the bottle 
had been filled ; that witness drank from the measure, 
and that what he drank was whisky. Colonel William 
T. Wood, who defended the party, thought the evidence 
so clear against his client that he was about to give up 
the case, when one of the jurors asked the witness, " But 
did you drink out of the bottle itself ? " The witness 
answered, " No ; I only drank of the liquid left in the 
measure after filling the bottle." Upon this state of 
evidence the jury found the defendant not guilty. Mr. 
Rees at once sternly told the sheriff that, if he summoned 
any more such juries, he would move the Court to pun- 
ish him for contempt. 

This state of things continued only for a time. Some 



A NOTED CRIMINAL. 75 

one in the adjoining county had Whiteman arrested 
upon a charge of theft, alleged to have been committed 
in that county, and he was sent to jail to await his ex- 
amination before a justice of the peace. In the mean 
time he was taken out by the people, severely lynched, 
and then turned loose. He returned to Holt, where he 
was loud in his threats against Judge Atchison and my- 
self, as he had been informed that we had encouraged 
his being lynched. 

I remember that in the spring of 1843 I was at the 
county seat of Holt County, where I delivered a public 
address to the people in reference to Oregon ; and I 
found Whiteman there. He at once took me aside and 
asked me if I had heard that " they had given him 

h 1." I told him I had. He then said that he had 

understood that Judge Atchison and myself had encour- 
aged the people to act as they did. I told him that it 
was not true as to myself ; that I could not, would not, 
and never did encourage illegal violence ; but I would 
state to him what I said, and which was true. When 
people asked me why persons indicted and tried in that 
county could not be convicted, I had told them that it 
was not my fault, but the fault of the trial-juries, who 
were under the influence of the criminals of the county. 

AYhile I was addressing the people, I observed that 
Whiteman stood near me all the time, but did not once 
suspect that he meditated an attack upon me. After I 
had finished my address, a gentleman whom I knew took 
me apart from the crowd, and told me that he had over- 
heard Whiteman making threats of personal violence 
against me, just before I commenced speaking ; and 
that he (my friend) had placed himself by Whiteman's 
side, ready and determined to shoot him at the first 
offensive movement he should make. Whiteman asked 



76 RECOLLECTIONS OF AN OLD PIONEER. 

me several questions about Oregon before I left the 
stand, which were respectfully put and respectfully an- 
swered, A short time after this, as I was informed, he 
was lynched the second time. He made a desperate 
resistance, and was almost killed in the struggle. This 
was the last of that noted culprit, as he soon thereafter 
left the county. 

Judge Atchison was an upright, incorruptible judge, 
and was a man of fine literary and legal education, and 
of superior native intellect. He possessed a kind heart, 
and a noble, generous, manly spirit ; but, when first ap- 
pointed, he seemed to me to err too often in his rulings 
in favor of the accused. I was always courteous and 
respectful to any Court before which I consented to ap- 
pear, and never in the course of my practice had an 
angry altercation with the Court, or was punished for 
contempt. I determined, in the proper manner, to cor- 
rect the supposed errors of the Judge. The Judge de- 
cided several cases against me ; but, being satisfied that 
I was right, I took them up to the Supreme Court, and a 
majority of them came back reversed. 

CASE OF WHITTLE — JUDGE AUSTIN A. KING. 

As illustrative of the then mixed state of society, I 
will refer to the following case. 

A celebrated counterfeiter of the name of Whittle 
went from the county in which be resided to an ad- 
joining county, and passed upon a plain farmer some 
counterfeit gold coin, in j^ayment for a horse. Having 
been indicted in the proper county, he applied for a 
change of venue ; and the case, upon a proper showing, 
was sent to Buchanan County. 

When the case was called, the prisoner was ready 
for trial, and I asked the Court to order the sheriff to 



CASE OF WHITTLE. 77 

call the trial-jurors. The moment I heard their names 
called, I was satisfied that it was mainly a packed jury, 
I knew that some of them belonged to the band of 
criminals in that county, or they were unfortunate in 
reputation and association. I promptly rose and said : 
" If the Court please, it is now very near dinner time, 
and I would thank the Court to adjourn until after 
dinner. I wish a little time to examine this jury list, 
and I think it very likely that I will dispose of this case 
without troubling the Court." Judge Atchison seemed 
to understand what I was driving at, and readily ad- 
journed the Court. 

When the Court met again, there was a large crowd 
present, as it must have been anticipated that some 
decisive step in the case would be taken. "When the 
case was again called, I said : " With the leave of the 
Court, I will enter a nolle prosequi, and let the prisoner 
go. I do not mean to make a farce of justice by trying 
this prisoner before such a jury." The prisoner was 
wholly taken by surprise, and looked exceedingly mor- 
tified. He evidently expected to be tried and acquitted. 
I intended to have the witnesses again subpoenaed be- 
fore the grand jury of the proper county, and they 
would no doubt have found another indictment ; and, 
upon another application for a change of venue, I 
should have opposed successfully any effort of the de- 
fendant to have the case sent again to Buchanan Coun- 
ty. But the prisoner was killed in a private quarrel 
before the next term of the Court, 

He was a man of herculean frame, and of desperate 
character. His death happened in this wise : He forced 
a quarrel upon a peaceable, awkward, and innocent 
young man, about the age of twenty-one, for the pur- 
pose, most likely, of showing off his bravery and prow- 



78 RECOLLECTIONS OF AN OLD PIONEER. 

ess before Lis friends. At all events, when the young 
man had hitched his horse to the rack, Whittle went 
out and cut off the horse's tail, and came into the room 
where the young man was sitting, and thrust it rudely 
into his face. Upon the young man's remonstrating, 
Whittle chased him into the street ; and several times 
afterward during the day he followed him into other 
places, and forced him hastily to leave. The poor young 
man became at last desperate, and went and armed him- 
self with a pistol. Whittle again drove him from the 
house, and was pursuing him in the street, when the 
young man turned upon him, and shot him through the 
heart. Though fatally wounded. Whittle picked up a 
large stone, and threw it at the young man with such 
prodigious force that had it struck him it would have 
killed him instantly. After throwing the stone Whittle 
fell upon his face dead. 

I have known of several instances, where persons 
shot through the heart have lived for some little time. 
When the shot passes through the left ventricle of the 
heart, the wound is instantaneously fatal, so that the 
muscles retain the exact position they had at the very 
moment the wound was given. For examjile, if the de- 
ceased had a pistol tightly grasped in his hand, he would 
still after death retain his grasp upon it, as also the very 
same cast of features. This was the case with General 
Richardson, killed by Cora in San Francisco in the year 
1856. So, whenever a shot seriously wounds the spinal 
marrow, the person is instantaneously paralyzed. I have 
never known but one instance where a person was fatal- 
ly shot through the brain, that he did not drop instantly, 
however excited he may have been. This exceptional 
case was that of Joel Turnham, Jr., who was killed in 
Oregon about the year 1844, while resisting a special 



JUDGE AUSTIN A. KING. 79 

constable, who was sent to arrest him for assault and 
battery. Tui-nham was one of the stoutest, bravest, 
most reckless men I ever knew ; and, though fatally 
shot through the brain with a pistol, he turned and 
walked some twenty feet before he fell. 

After becoming familiar with the duties of his po- 
sition, D. R. Atchison made an admirable judge, and 
gave general satisfaction. In point of legal acquire- 
ments, I do not think he was then quite the equal of 
Judge Austin A. King, who was an older man ; but 
Judge Atchison was more popular with the members of 
the bar generally. It was the fault of Judge King, at 
one time, not to be sufficiently indulgent to young law- 
yers. I remember his treatment of myself when a new 
beginner. Being satisfied that he did not extend to me 
the indulgence that my situation justified, I determined 
to bide my time and correct this supposed error. 

I was, upon one occasion, employed to defend a suit 
brought by one of the older members of the bar upon a 
promissory note, which he described in his declaration 
as bearing date a certain day and year set forth. I put 
in the plea of non assumpsit ; and, when the note was 
offered in evidence, I simply objected. It bore a differ- 
ent date from the note described, and was not therefore 
the same note. I knew that the objection was a good 
one, but the plaintiff's counsel declared that my objec- 
tion was invalid, and then handed the papers to the 
Judge, who compared the note with the declaration, and 
at once gave judgment for the plaintiff ; and I quietly 
took my appeal. In five or six months, the case came 
back reversed ; and the Supreme Court expressed sur- 
prise that so plain an error should have been committed 
by the Court below. It so happened that I was after- 
wards employed in another case of much the same char- 



80 RECOLLECTIONS OF AN OLD PIONEER. 

acter before the same Judge ; and I, as before, simply 
objected to the introduction of the note as evidence in 
the case. The Judge this time was very polite, and 
asked me to state my objections (which he had not done 
in the former case) ; and after that I could always be 
heard. I thought the Judge, on several former occa- 
sions, had evinced by his manner an indisposition to hear 
me when I had a right to be heard. 

Young lawyers can not, of course, speak as well as 
those that are older, and judges are very apt to become 
impatient when listening to irrelevant remarks. But it 
always seemed to me that it was not only more generous 
but more expedient, in most cases, to indulge young 
lawyers in their errors of inexperience. I have no 
doubt of the fact that many a noble young man, of fine 
intellect and heart, has been either driven from the pro- 
fession, or kept in a grade beneath his real abilities, by 
the harsh and inconsiderate reproofs of crabbed judges. 
Tyranny has many modes of exhibiting itself ; and a 
man may be the victim of oppression in many other 
ways than knocking him down, putting him in prison, 
or confiscating his property. 

Young lawyers are generally sensitive and timid, and 
their feelings should be spared. One of the noblest ob- 
jects in the world is a pure and intellectual young man ; 
and a court should lean gently upon his young errors. 
But I can truly say, in justice to Judge King, that he 
subsequently became as indulgent to young lawyers as 
he should have been. I remember that the Judge's 
course toward a young lawyer, Mr. Hovey, was entirely 
unexceptionable. Judge King was not so popular with 
the bar generally as Judge Atchison, mainly for the 
reason that King was a religious man, and had not the 
amount of mirth and gayety that Atchison had. The 



CHARACTERISTICS OF LAWYERS. 81 

latter was very companionable, and full of anecdote, in 
which he was not limited by religious views. Most of 
our lawyers at that time were not religious, and would 
naturally be partial to a man like themselves, 

CHARACTERISTICS OF LAWYERS NATURE OF LEGAL IN- 
VESTIGATIONS DIFFICULTY OF SIMPLIFYING THE 

LAW CAUSES OF INFIDELITY AMONG LAWYERS. 

I remember an incident which occurred in the winter 
of 1839-'40, at Savannah, the county seat of Andrew 
County, There were about fifteen lawyers of us, all at 
the hotel ; and one evening, after the court had finally 
adjourned, a discussion arose among us in regard to the 
truth of Christianity. There was not a single lawyer 
present who was a professor of religion, and only one 
who believed Christianity to be true, and that was Amos 
Rees. He manfully and earnestly maintained its true 
and divine origin. The next day we rode together, and 
I said to him : " Amos, you deserve double damnation ; 
because you know and believe the truth, and will not 
put it in practice. Now, sir, whenever I am convinced 
of the truth of Christianity, you will find me acting up 
to what I believe to be true." I have the pleasure of 
stating that a majority of the lawyers present at that 
time have since become professors of religion, myself 
among the number. 

I never had any disposition to enter into mere personal 
quarrels. Let me be satisfied that a great duty demands 
my exertions, and then I can face danger. When I 
was satisfied that another person abused me in words, 
because he was sincere but mistaken in thinking he had 
good cause, I could not feel like holding him responsi- 
ble for a mere error of judgment. Good men ought 
never to quarrel. There is a natural and immeasurable 



82 RECOLLECTIONS OF AN OLD PIONEER. 

gulf between the good and the bad — between the candid 
and the hypocritical. 

There is, among lawyers, a noble freedom allowed in 
debate ; and though, in the moment of excited discus- 
sion, they may say that of each other which they never 
would in their cooler moments, a due and fair allowance 
is made for the cii'cumstances. Besides, lawyers must 
necessarily associate often together on the same side of 
a case ; so that it is almost impossible to keep alive the 
enmity. The other members of the bar interpose their 
kind offices for reconciliation ; and they have so much 
respect for the views and feelings of each other that 
these kind requests will seldom be disregarded. Among 
honorable members of the profession, there generally 
exists the greatest personal kindness, and little or no 
professional jealousy. Each honorable member of this 
most distinguished profession is content with the prac- 
tice he justly merits ; and, as to those merits, there is a 
plain and satisfactory mode of determining the question. 
They practice their profession, not only in the presence 
of each other, but before crowds of peojile and a com- 
petent Court. If a lawyer be ignorant of the law, his 
adversary and the Court will tell him so, and thus expose 
his ignorance. If he has merits, they are made mani- 
fest, as a general rule, by a conclusive test. Time and 
experience soon settle the relative merits of different 
members of the bar practicing before the same Courts. 

When a lawyer finds, upon due trial, that he is not 
suited to the profession, he can go to something else. 
Most lawyers who find they can not succeed in the pro- 
fession betake themselves to editing newspapers, where 
the same exact and logical mode of discussion is not re- 
quired, but where each writer addresses himself mainly 
to a prejudiced audience, who seldom know what is said 



NATURE OF LEGAL INVESTIGATIONS. 83 

in reply. Practically, most newspaper discussions are 
one-sided. 

In legal discussions, tlie positions of the opposite 
counsel are, in general, correctly stated and fairly met. 
To misrepresent facts or positions is not only unprofes- 
sional, but idle and vain. He who confutes a position 
never advanced does an idle and vain thing, by throw- 
ing away his efforts. To labor for the purpose of ex- 
posing your own ignorance or unfairness is not very 
wise. 

The modes of investigation in courts of justice are 
not only the most decisive of the merits of counsel and 
judges, but they are, for that reason, the best adapted 
to improve the reasoning faculties of the mind. Any 
one who has ever participated in the discussion of im- 
portant and difficult questions must have learned that 
there are classes of arguments apparently sound, but 
which in truth are utterly worthless, and have no i*eal 
bearing upon the case. When you hear a speaker, even 
upon a simple occasion, you can generally form a very 
good estimate of his ability. If he has a clear logical 
mind, he will go to the exact merits of the question and 
place the matter in a clear light ; but, if his powers are 
merely declamatory, he will deal in unmeaning gener- 
ality, true in itself, but outside the particular case. 

I confess I am partial to the law, and that, of all the 
secular learned professions, I love that of law most. I 
am aware of the prejudices existing in the minds of 
many against the profession ; and it must be conceded 
that a mean lawyer is one of the meanest of men, be- 
cause he sins against light and example. A pettifogger 
among lawyers is like a demagogue among statesmen — 
a most detestable character, weak in mind and unsound 
in morals, deserving neither respect nor pity. 



84 RECOLLECTIONS OF AN OLD PIONEER. 

But these complaints against the law and lawyers 
are not much heeded by them. Ignorance has been for 
ages complaining of the imperfections of the law, and 
proposing to make it so plain that all sane men could 
readily understand it. But it seems never to have oc- 
curred to these restless wanderers after perfection that 
science is vast, and no science more so than that of law ; 
and that to simplify the law to such an extent as to en- 
able every man to be his own lawyer is just as difficult 
as to simplify land and marine architecture, or any other 
science which comprehends a multitude of particulars. 
It requires very little intellect and study to construct 
an Indian wigwam or a rude canoe ; but it takes mind 
and careful training to build a palace or construct a 
mighty steamshijD, 

Rabid law-reformers have often been in the different 
State Legislatures ; but, though no doubt sincere and 
determined in the beginning, they soon discovered some 
of the real difficulties in their way to simplicity. To 
know how to improve the code you must first know its 
defects ; and to know these you must understand the 
code itself. By the time the rash and presumjDtuous 
law-reformer gets to that point, he begins to perceive 
the difficulties which beset his path. When he comes 
to sit down and draft a code that will stand the test of 
honest and intelligent time, he will fully need all his 
imagined capacity. 

I remember that, in the Vigilance Committee times 
of this State in 1856, there was a great hue and cry 
raised against lawyers. I had retired from the practice 
myself, yet I loved the noble profession. I had, how- 
ever, no defense to make, but simply a compromise to 
propose. I said : " Only give us back the productions 
of our labors — the Declaration of Independence, the 



CAUSES OF INFIDELITY AMONG LAWYERS. 85 

Constitutions of the United States and of every State 
in the Union, all the codes of law, the judicial decisions 
and learned treatises upon the science — and do xoithout 
them, and we will consent that the profession may be 
abolished, and the nation go back to barbarism.. But, 
until you have something better to propose, your de- 
nunciation of a theory you can not mend must be 
idle." 

Surprise has often been expressed that there should 
be so many infidels among lawyers. It can not be 
owing to the want of capacity to investigate the sub- 
ject. The Rev. David Nelson, in his work entitled 
" Cause and Cure of Infidelity," has these remarks : 

" I do not know why it is so, but it is the result of 
eighteen years of experience that lawyers, of all those 
whom I have examined, exercise the clearest judgment 
while investigating the evidences of Christianity. It is 
the business of the physician's life to watch for evidence 
and indication of disease, sanity, and change ; there- 
fore I am unable to account for the fact, yet so it is, 
that the man of law excels. He has, when examining 
the evidences of the Bible's inspiration, shown more 
common sense in weighing proofs and appreciating ar- 
gument, where argument really existed, than any class 
of men I have ever observed." (Page 117.) 

The superiority attributed by the author to the legal 
fraternity arises mainly from these causes : 

1. It requires more natural logical power to be suc- 
cessful at the bar than in the practice of medicine. 

2. The mental training is more rigid and thor- 
ough. 

3. Thei'e is a competent and authoritative tribunal 
to determine controversies among lawyers. 

The fact that there are so many infidels among law- 



86 RECOLLECTIONS OF AN OLD PIONEER. 

yers is not owing either to a want of capacity in them, 
or a lack of evidence to establish the truth of Chris- 
tianity, but entirely to other causes. 

When a young man is studying law, he finds no 
time to think of religion ; and, after he commences 
practice, the state of the case is much the same. Logi- 
cal minds are not prone to take a theory as true without 
proof ; and the proofs of Christianity, though complete 
and conclusive to a moral certainty, yet require time 
and careful investigation to be able to understand them 
in their full and combined force. These evidences con- 
sist of a great mass of testimony, both direct and cir- 
cumstantial. To succeed at the bar requires great ca- 
pacity and industry. The profession is compared by 
Lord Coke to a jealous mistress that will not tolerate 
a rival. The main reason, therefore, why there are so 
many infidels among the members of the bar, is because 
they do not investigate the subject, and will not believe 
without investigation ; and the reason why they do not 
investigate is mainly the incessant and arduous nature 
of their employments. 

But, besides the want of time, there are other causes 
to prevent investigation. There is a good deal, per- 
haps an over-proportion, of dissipation among lawyers. 
Their forensic efforts are often so severe and exhaust- 
ive that they resort to the use of stimulants to support 
them for the time. Others resort to stimulants because 
the use emboldens them, excites the imagination, and 
thus enables them to make the greatest display of ora- 
tory. It is well known to members of the profession 
that dissipation wonderfully stimulates and matures the 
intellect for a time. I have long observed that those 
lawyers who dissipate soonest arrive at maturity, and 
soonest go down, as a general rule. They are nearly 



POLITICAL VIEWS. 37 

always the greatest wits and orators among us, but not 
the best reasoners. 

But, besides these facts, there are the many varied 
scenes occurring in the practice, that continually call 
off the attention of lawyers from things future to things 
present. The witty joke, the amusing anecdote, and 
the ardent discussion of legal questions in and out of 
court, make their lives one continued round of excite- 
ment. Human nature is exhibited in courts of justice 
in its most vicious, melancholy, and ridiculous aspects. 
One case is full of the most cunningly devised fraud, 
another of the most brutal crime, and a third is so full 
of the ridiculous that all must laugh ; and the transition 
from one class of cases to others is often very rapid. 
Lawyers but seldom see the best traits of man exhibited 
in court, for the reason that the best men are not often 
engaged in lawsuits. For these and other reasons, the 
path of the lawyer is beset with temj^tation. 

POLITICAL A'IEV\'S. 

My father was a Whig, and so were my brothers-in- 
law. "When I was between sixteen and seventeen years 
of age, I read a paper edited by Duff Green, published 
in St. Louis, and became a Democrat. But as I grew 
older, and since I have studied more deeply the science 
of government, I have seen more cause to" doubt the 
practical result of our republican theory as it now ex- 
ists. I have always desired, whatever may have been 
my doubts, to give our theory a full and fair trial ; being 
satisfied that, so long as our theory can be honestly and 
efficiently administered, it is the best form of govern- 
ment for the greatest number. It is especially adapted 
to a young people, free from extreme want, and there- 
fore independent and virtuous. But when the popula- 



88 RECOLLECTIONS OF AN OLD PIONEER. 

tion becomes dense, dependent, and suffering, and for 
that reason more corrupt, then will come the genuine 
test of our existing theory ; and I think, without a 
thorough and radical amendment, it must fail. The 
three principles of universal suffrage, elective offices, and 
short terms, in their combined legitimate operation, will 
in due time politically demoralize any people in the world. 
I have given my views, in full, in a pamphlet published 
in 1861 by D. Appleton & Co. of New York, to which 
I refer. I am now of the opinion that the masses will 
never permit a sound conservative amendment of our 
theory, except by revolution, which I think will occur 
within the next fifty years. It may require several rev- 
olutions in succession. This I think most probable. 

Mr. Jefferson was once considered by me as the 
apostle of liberty and a great statesman. I do not 
question his sincerity or his patriotism, but I doubt his 
statesmanship. I am now of the oiDinion that Alexan- 
der Hamilton was a much greater statesman than Jeffer- 
son or Madison. Patrick Henry was the orator more 
than the statesman. I now consider Hamilton to have 
had the clearest mind and the most logical power, and 
to have been the greatest statesman of our country. 
His contributions to the " Federalist " prove this. Chief 
Justice Marshall was a great man ; but Hamilton was 
before him. The appreciation of Hamilton by Wash- 
ington was one of the greatest proofs of his most supe- 
rior good sense. He understood true merit when he 
found it. Hamilton sacrificed himself to mistaken pub- 
lic opinion — the only serious error he committed. 

KEMAEKS ON DUELING. 

I was never engaged in sending, or in bearing, and 
never received, a challenge to fight a duel. As a hum- 



REMARKS ON DUELING. 89 

ble and steadfast believer in the sublime truths of Chris- 
tianity, I could not sanction that semi-barbarous code. 
But, aside from the theological view of the question, I 
could not approve the practice. 

It is claimed by its friends that it operates as a prac- 
tical check upon the tongues and' acts of men ; and this 
no doubt is true as to some persons, but untrue as to 
others ; so that, upon the whole, it is exceedingly doubt- 
ful whether it does, in point of fact, operate as a check 
upon slander and violence. I have reflected much upon 
this subject, and watched its practical effect with some 
care. I do not understand all the minute provisions of 
this code, but only know enough of its main points to 
justify my conclusions as to its substantial character. 

It is insisted by the advocates of this code that the 
parties are placed as near upon an equality as, in the 
nature of things, they can be. But is this true ? I think 
not. It is made the duty of the party insulted to send 
the challenge, and the party challenged has a right to 
fix the terms upon which they meet ; and he, conse- 
quently, insists upon those that give him a. decided ad- 
vantage. The skillful use of weapons, especially of the 
dueling pistol, is an acquired art to a great extent, and 
requires years of continued practice to fix the art as a 
habit. In fact, a man must grow up accustomed to the 
use of such arms, to become completely and habitually 
skillful. Besides, he must possess a natural steadiness 
of nerve and quick accuracy of sight, to enable him by 
this long practice to acquire the habitual art to perfec- 
tion. I suppose that the great majority of men, with all 
possible training, never could become first-rate shots on 
the wing with a shot-gun, or with a pistol at a stationary 
object. 

Those who possess the natural capacity and the 



90 KECOLLECTIONS OF AN OLD PIONEER. 

habitual training liave an immense advantage over 
those who have them not. Habit is second nature, 
and becomes almost as certain as instinct ; so that the 
habitually good shot will still shoot with his accustomed 
accuracy, whether alarmed or not, and, hnoioing his 
advantage, he has less cause to be excited. On the 
contrary, the party who has not the natural capacity, or 
lacks the habitual training, though able in a pistol-gal- 
lery to shoot with accuracy at an inanimate figure, will 
generally fail when he comes to face his enemy. His 
excitement, brave and determined as he may be, will 
affect him ; and he has no fixed habit to save him from 
the effect. That those not habitually accustomed to 
the use of the pistol shoot very wildly upon the field 
of battle, as compared with their previous practice, is 
conclusively shown by the history of different duels. 

To induce a man to acquire the habitual use of the 
pistol, he must have, in his own estimation, some con- 
siderable motive ; and when he becomes a first-rate shot 
he is almost certain to be proud of it, and will very 
naturally seek to use an art of which he is master. We 
naturally love most that in which we most excel. I 
have observed that men who continually wear arms be- 
come at last anxious to use them, and thirsty for blood. 
They seem to think that, after they have carried arms 
for a long time and not used them, they have done an 
idle and vain thing. It is a great personal inconven- 
ience to wear arms and keep them always in good order; 
and he who does so must be continually brooding over 
scenes of blood, imtil he becomes at last anxious to get 
into them himself. He is therefore much more apt to 
insult others than he would be if the dueling code did 
not exist. He covets the reputation of the duelist, and 
seeks an opportunity to insult some one he dislikes. 



REMARKS ON DUELING. 91 

He knows that, if he gives the first insult, the party 
must challenge him, and then he will adjust the terms 
to suit himself. The world will not inquire who was 
to blame in the first instance, inasmuch as he has 
given the insulted party the satisfaction he demanded. 
He kills his man, and secretly, if not openly, glories in 
his success. In the future he has only, at intervals, to 
insult and kill others in the same way. The greater the 
number he slays, the greater his fame ; and, the greater 
his fame, the greater are his chances of success. True, 
he may fall at last by a chance shot, but not until he 
has slain from two to six persons. 

Duels are much more numerous among politicians, 
in proportion to numbers, than among any other class, 
except perhai)s army officers. This arises, in many 
cases, from rivalship. It becomes desirable to kill off 
certain aspirants, to get them out of the way. Hence 
they are insulted. Those well skilled in such matters 
know how much and what to say to produce a challenge. 

As I have before stated, the code prevents some men 
from saying and doing things they would otherwise say 
or do ; but it has a contrary effect on others. There is, 
in the minds and hearts of proud men, a sort of glory in 
defying consequences ; and this stimulates many men 
to say and do offensive things that they would not 
otherwise say and do ; and also prevents them from 
making a proper explanation after they have done 
wrong, for fear it will be said that the explanation was 
the result of cowardice. If public opinion held the 
practice of bitter language disreputable, this would pre- 
vent the use of it more effectually than the dueling code. 
One thing seems certain, that personal quarrels are most 
common among those who admit the code. 

Duels are not necessarily evidence of 2^€rsonal, though 



92 RECOLLECTIONS OF AN OLD PIONEER. 

they are evidence of the want of true moral courage. 
It is the fear or love of what others may think and say 
that generally impels the duelist. He has not the moral 
nerve to face a false public opinion. He flees from moral 
to physical responsibility, which shows more of the ani- 
mal than of the intellectual being. The question with 
him is not so much what is right in itself, as what is con- 
sidered so. He is for effect, not reality, and prefers the 
shadow to the substance. He is essentially selfish, and 
therefore he heeds not the ruin he produces. The cry 
and distress of the widow and the orphan never reach 
his dull, cold ear, or affect his stony heart, fie is gen- 
erally the slave of the times and the country in which 
he lives, and never rises superior to the scorn and con- 
tempt of the unwise. Being contemptible himself, he 
fears contempt. He is not satisfied with simply being 
in the right, but is content to be considered so, whether 
right or wrong. He is a being who worships appear- 
ances, and is willing to do wrong to save them. His 
moral being exists in *' others' breath." He is never a 
martyr for truth, but falls a victim to interest or pride. 
The only man who can with any jDlausible consistency 
be a duelist is the man without principle, and who de- 
termines to gain the temporary advantages of doing 
wrong, and at the same time enjoying the reputation of 
an honorable man. Hence, when detected in a mean ac- 
tion, and told of it, his remedy is to droT\ai the infamy 
in blood. 

When a duelist uses courteous and gentlemanly lan- 
guage, no one can tell whether it is the result of fear or 
principle. All are uncertain as to what motive to at- 
tribute his conduct, as ail know he is acting under 
restraint if the code has any effect in silencing his 
tongue. On the contrary, if he abuses another, there is 



REMARKS ON DUELING. 93 

Still a difficulty in determining whether he is sincere in 
what he says, or whether he only wishes to show off his 
courage, or to induce his victim to send him a challenge 
that he may kill him. The general and legitimate effect 
of the code is to make hypocrites of those it restrains, 
and bullies of those it urges on. 

I can not understand upon what principle two really 
good men should fight a duel. If they are willing to 
kill each other simply for fear of public opinion, they 
can not be good men. If a man abuses and misrepre- 
sents you, and you are satisfied that he is sincere but 
mistaken, will you seek his life for a mere error of judg- 
ment or defect of memory ? On the contrary, if you 
are convinced that he willfully misrepresents you, then 
you believe he is a liar ; and, unless you are a liar your- 
self, he is not your equal. Why should a gentleman and 
a man of pure justice put his life against that of a man 
he regards as destitute of honest principles ? 

In short, my opinion of men who engage in duels is 
that most of them are atheists, whose moral conduct de- 
pends upon the sliding scale of the times, and who have 
no strict moral principles independent of public opinion. 
They can generally have no faith in a future state of 
rewards and punishments ; and hence they do whatever 
they deem most successful in this life. They are slaves 
to success, not devotees of principle. There are very 
few duels in communities where they are odious. 

I most readily and willingly admit that there are 
exceptions to these remarks. Men sometimes labor 
under strange delusions, and lug themselves into the 
opinion that it is right, in some cases, to do wrong that 
good may come. This was the case with Alexander 
Hamilton. He conceded that the practice was wrong 
in itself, but yielded to a false public opinion, in order 



94 RECOLLECTIONS OF AN OLD PIONEER. 

that he might be useful to that public ; and most griev- 
ously did he answer for it. The result of his own act 
shows how much he was mistaken. Had he dared to 
do right, his life would have been spared to his country. 
But this plea of necessity is always found in the 
mouths of tyrants and moral culprits of every grade. 
It is as false as the theory that you can do an unconsti- 
tutional act in accordance with the Constitution. When- 
ever the public require a man to do that which is plain- 
ly wi'ong, in order to gain the privilege of serving it, 
I must say it is unworthy of his services, and he should 
leave those with more pliable consciences to serve a 
vitiated public. 

JOIN^ THE DISCIPLES — ART OF GOVEEXING CHILDREN. 

In 1840 I became a professor of Christianity, and 
joined the Disciples, or Campbellites as they were some- 
times called. I was in my thirty-third year. I had 
long reflected much upon the subject, but could not 
come to the conclusion that Christianity was true. I 
was a Deist. I could never doubt the existence of God. 
I saw in the visible creation the plainest possible evi- 
dences of design — a perfect adaptation of means to 
ends. I could not conceive how chance could originate 
a system of any kind ; and, even if such a thing were 
possible, chance could destroy to-day that which it cre- 
ated but yesterday. No one could conceive that such 
a machine as a clock could be the result of accident ; 
and the wonderful mechanism of man's physical organ- 
ization far surpasses the most magnificent productions 
of human genius. 

Nor could I understand how this universe could be 
uncreated, and therefore eternal. That which is un- 
created must be infinite ; and infinitude admits of no 



ART OF GOVERNING CHILDREN. 95 

changes, additions, or improvements. The visible crea- 
tion is subject to change and to come to an end. It is 
confined within limits, and it admits of additions and 
improvements. It exists as the production of some 
superior ; and that superior can be nothing but God, 
who is infinite, and who communicates to inferior beings 
such natures, powers, and capacities as in His wisdom 
and goodness He sees fit. "To be eternal is to be 
without beginning ; and to be without beginning is to 
be independent of any cause or power." 

The next step in the logical process is the conclusion 
that the Creator must govern, in some proper form. His 
own creation. Matter without properties, brutes with- 
out instinct, and rational beings without free will and 
without law, are logically inconceivable. Pursuing this 
logical process to an extent that I can not, for want of 
space, record here, I became thoroughly convinced of 
the entire truth of Christianity. 

In the fall of 1840, I moved to Platte City, the 
county seat of Platte County. My youngest child, 
Sallie, was born there in 1841. My son John M. Bur- 
nett was born in 1838, and is now a lawyer of good 
standing in San Fr ancisco. 

The true art of governing children is to study their 
peculiarities, and adapt your government to the disposi- 
tion of the child. The art of rearing good children is 
almost as difiicult as that of governing a state. Chil- 
dren, so far as they know the facts, are far more com- 
petent to draw con-ect conclusions than most people 
suppose. Children are naturally truthful ; and parents 
should not violate their own words, either in making 
promises of reward or threats of punishment. Those 
who assume to govern ought to be worthy to direct, 
and should themselves never violate the principles or 



96 RECOLLECTIONS OF AN OLD TIONEER. 

rules they inculcate or enforce. Perfect truth and con- 
sistency should characterize the parents. Then the task 
of government will be much lighter. 

John was a noble and peculiar child, and always 
obedient when old enough to understand. He was very 
sensitive, and never would bear scolding, the only pun- 
ishment we ever inflicted upon him. He cured us of 
this practice in this way : When he was about four 
'^years old, and while we lived in Platte City, he was in 
the habit of talking a great deal at table. One day I 
said to him, " John, why do you talk so much at table ? " 
He looked at me with the expression of astonishment 
in his face, and replied with childlike simplicity and 
earnestness, " I can not talk by myself," meaning that 
it was useless to talk unless he had some one to listen. 
Within a day or two after this, his little tongue was 
again clattering away while we were at dinner, and his 
mother scolded him for it. Upon this he was silent, 
but it was evident that he thought he was badly treated. 
Just about that time some one commenced blowing a 
tin trumpet, and the boy's large black eye gleamed 
with a triumphant expression, and he at once said, 
" Mother ! there's a horn or a woman's voice." After 
that he was scolded very little. I remember a very 
acute reply made by a little girl when seven years of 
age. I was staying at a friend's house in Brooklyn, 
New York, in 1866, and his daughter Mattie was re- 
markably fond of her half -grown cat ; so much so, that 
she would take it with her to the dinner-table. Her 
mother said to her, " Why do you pet your cat so 
much ? " The child, with a serious expression upon her 
countenance, at once answered, "This cat can't go to 
heaven," meaning that the cat must be petted here^ and 
that was her reason for petting it so much. 



CHAPTER III. 

DETERMINE TO GO TO OREGON. — ARRIVE AT THE REN- 
DEZVOUS. — REMARKS ON THE NATURE OF THE TRIP. 

In the fall of 18 42 I m oved to Weston, in Platte 
County, having purchased an interest in the place. 
During the winter of 1842-43 the Congressional report 
of Senator Appleton in reference to Oregon fell into 
my hands, and was read by me with great care. This 
able report contained a very accurate description of that 
country. At the same time there was a bill pending in 
Congress, introduced in the Senate by Dr. Linn, one of 
the Senators from Missouri, which proposed to donate 
to each immigrant six hundred and forty acres of land 
for himself, and one hundred and sixty acres for each 
child. I had a wife and six children, and would there- 
fore be entitled to sixteen hundi'ed acres. There was a 
fair prospect of the ultimate passage of the bill. 

I saw that a great American community would grow 
up, in the space of a few years, upon the shores of the 
distant Pacific ; and I felt an ardent desire to aid in 
this most important enterpi-ise. At that time the coun- 
try was claimed by both Great Britain and the United 
States ; so that the most ready and peaceable way to 
settle the conflicting and doubtful claims of the two 
governments was to fill the country with American citi- 
zens. If we could only show, by a practical test, that 



98 RECOLLECTIONS OF AN OLD PIONEER. 

American emigrants could safely make their way across 
the continent to Oregon with their wagons, teams, cat- 
tle, and families, then the solution of the question of 
title to the country was discovered. Of course, Great 
Britain would not covet a colony settled by American 
citizens. 

The health of Mrs. Burnett had been delicate for 
some three years, and it was all we could do to keep her 
alive through the winter in that cold climate. Her 
physician said the trip would either kill or cure her, I 
was also largely indebted to my old partners in the 
mercantile business, I had sold all my property, had 
lived in a plain style, had worked hard, and paid all I 
could spare each year ; and still the amount of my in- 
debtedness seemed to be reduced very little. 

Putting all these considerations together, I deter- 
mined, with the consent of my old partners, to move to 
Oregon. I therefore laid all my plans and calculations 
before them. I said that, if Dr. Linn's bill should pass, 
the land would ultimately enable me to pay up. There 
was at least a chance. In staying where I was, I saw no 
reasonable probability of ever being able to pay my 
debts. I did a good practice, and was able to pay about 
a thousand dollars a year ; but, with the accumulation 
of interest, it would require many years' payments, at 
this rate, to square the account. I was determined not 
to go without the free consent and advice of my credi- 
tors. They all most willingly gave their consent, and 
said to me, " Take what may be necessary for the trip, 
leave us what you can spare, and pay us the balance 
when you become able to do so." 

I followed their advice, and set to work most vigor- 
ously to organize a wagon company. I visited the sur- 
rounding counties, making speeches wherever I could 



DETERMINE TO GO TO OREGON. 99 

find a sufficient audience, and succeeded even beyond 
my own expectations. Having completed my arrange- 
ments, I left my house in Weston on the 8th day of 
May, 1843, with two ox wagons, and one small two- 
horse wagon, four yoke of oxen, two mules, and a fair 
supply of provisions ; and ai*rived at the rendezvous, 
some twelve miles west of Independence, and just be- 
yond the line of the State, on the 17th of May. 

A trip to Oregon with ox teams was at that time a 
new experiment, and was exceedingly severe upon the 
temper and endurance of people. It was one of the 
most conclusive tests of character, and the very best 
school in which to study human nature. Before the 
trip terminated, people acted upon their genuine princi- 
ples, and threw off all disguises. It was not that the 
trip was beset with very great perils, for we had no war 
with the Indians, and no stock stolen by them. But 
there were ten thousand little vexations continually re- 
curring, which could not be foreseen before they oc- 
curred, nor fully remembered when past, but were keen- 
ly felt while jDassing. At one time an ox would be 
missing, at another time a mule, and then a struggle for 
the best encampment, and for a supply of wood and 
water ; and, in these struggles, the worst traits of hu- 
man nature were displayed, and there was no remedy 
but patient endurance. At the beginning of the jour- 
ney there were several fisticuff fights in camp ; but the 
emigrants soon abandoned that practice, and thereafter 
confined themselves to abuse in words only. The man 
with a black eye and battered face could not well hunt 
up his cattle or drive his team. 

But the subject of the greatest and most painful 
anxiety to us was the suffering of our poor animals. 
We could see our faithful oxen dying inch by inch, 



100 RECOLLECTIONS OF AN OLD PIONEER, 

every day becoming weaker, and some of them giving 
out, and left in the wilderness to fall a prey to the 
wolves. In one or two instances they fell dead under 
the yoke, before they would yield. We found, upon a 
conclusive trial, that the ox was the noblest of draft- 
animals upon that trip, and possessed more genuine 
hardihood and pluck than either mules or horses. When 
an ox is once broken down, there is no hope of saving 
him. It requires immense hardship, however, to bring 
him to that point. He not only gathers his food more 
rapidly than the horse or mule, but he will climb rocky 
hills, cross muddy streams, and plunge into swamps and 
thickets for pasture. He will seek his food in places 
where other animals will not go. On such a trip as ours 
one becomes greatly attached to his oxen, for upon them 
his safety depends. 

Our emigrants were placed in a new and trying po- 
sition, and it was interesting to see the influence of 
pride and old habits over men. They were often racing 
with their teams in the early portion of the journey, 
though they had before them some seventeen hundred 
miles of travel. No act could have been more incon- 
siderate than for men, under such circumstances, to in- 
jure their teams simply to gratify their ambition. Yet 
the proper rule in such a case was to allow any and 
every one to pass you who desired to do so. Our emi- 
grants, on the first portion of the trip, were about as 
wasteful of their provisions as if they had been at 
home. When portions of bread were left over, they 
were thrown away ; and, when any one came to their 
tents, he was invited to eat. I remember well that, for 
a long time, the five young men I had with me refused 
to eat any part of the bacon rind, which accordingly 
fell to my share, in addition to an equal division of the 



START FROM THE RENDEZVOUS. IQl 

bacon. Finally they asked for and obtained their por- 
tion of the bacon rind, their delicate aj^petites having 
become ravenous on the trip. Those Avho were in the 
habit of inviting every one to eat who stood around at 
meal-times, ultimately found out that they were feeding 
a set of loafers, and gave up the practice. 

START FROM THE RENDEZVOUS — KILL OUR FIRST BUF- 
FALO KILL OUR FIRST ANTELOPE DESCRIPTION OF 

THE ANTELOPE. 

I kept a concise journal of the trip as far as Walla 
Walla, and have it now before me. On the 18th of 
May the emigrants at the rendezvous held a meeting, 
and appointed a committee to see Dr. Whitman. The 
meeting also appointed a committee of seven to inspect 
wagons, and one of five to draw up rules and regula- 
tions for the journey. At this meeting I made the 
emigrants a speech, an exaggerated report of which was 
made in 1875, by ex-Senator J. W. Nesmith of Oregon, 
in his address to the Pioneers of that State. The meet- 
ing adjourned to meet at the Big Springs on Saturday, 
the 20th of May. 

On the 20th I attended the meeting at the Big Springs, 
where I met Colonel John Thornton, Colonel Bartle- 
son, Mr. Rickman, and Dr. Whitman. At this meeting 

rules and regulations were adopted. Mr. , who was 

from high up on Big Pigeon, near Kit Bullard's mill, 
Tennessee, proposed that we should adopt either the 
criminal laws of Tennessee or those of Missouri for our 
government on the route. William Martin and Daniel 
Matheny were appointed a committee to engage Cap- 
tain John Gant as our pilot as far as Fort Hall. He 
was accordingly employed ; and it was agreed in camp 
that we all should start on Monday morning, May 22. 



102 EECOLLECTIONS OF AN OLD PIONEER. 

We had delayed our departure, because we thought the 
grass too short to support our stock. The spring of 
1843 was very late, and the ice in the Missouri River at 
Weston only broke up on the 11th of April. 

On the 22d of May, 1843, a general start was made 
from the rendezvous, and we reached Elm Grove, about 
fifteen miles distant, at about 3 p. m. This grove had 
but two trees, both elms, and some few dogwood bushes, 
which we used for fuel. The small elm was most beauti- 
ful, in the wild and lonely prairie ; and the large one 
had all its branches trimmed off for firewood. The 
weather being clear, and the road as good as possible, the 
day's journey was most delightful. The white-sheeted 
wagons and the fine teams, moving in the wilderness of 
green prairie, made the most lovely appearance. The 
place where we encamped was very beautiful ; and no 
scene appeared to our enthusiastic visions more exquisite 
than the sight of so many wagons, tents, fires, cattle, 
and people, as were here collected. At night the sound 
of joyous music was heard in the tents. Our long 
journey thus began in sunshine and song, in anecdote 
and laughter ; but these all vanished before we reached 
its termination. 

On the 24th we reached the Walkalusia River, where 
we let our wagons down the steep bank by ropes. On 
the 26th we reached the Kansas River, and we finished 
crossing it on the 31st. At this crossing we met Fathers 
De Smet and De Vos, missionaries to the Flathead 
Indians. On the 1st of June we organized our company, 
by elec ting Peter H. Burnett as Captain, J. W. Nesmith 
as Orderly Sergeant, and nine councilmen. On the 6th 
we met a war party of Kansas and Osage Indians, 
numbering about ninety warriors. They were all mount- 
ed on horses, had their faces painted red, and had with 



KILL OUR FIRST BUFFALO. 103 

them one Pawnee scalp, with the ears to it, and with the 
wampum in them. One of them, who spoke English 
well, said they had fasted three days, and were very 
hungry. Our guide, Captain Gant, advised us to fur- 
nish them with provisions ; otherwise, they would 
steal some of our cattle. "We deemed this not only 
good advice but good humanity, and furnished these 
starving warriors with enough provisions to satisfy their 
hunger. They had only killed one Pawnee, but had 
divided the scalp, making several pieces, some with the 
ears on, and part with the cheek. Two of this party 
were wounded, one in the shoulder and the other in some 
other part of the body. 

None of us knew anything about a trip across the 
Plains, except our pilot Captain Gant, who had made 
several trips with small parties of hired and therefore dis- 
ciplined men, who knew how to obey orders. But my 
company was composed of very different materials ; and 
our pilot had no knowledge that qualified him to give 
me sound advice. I adopted rules and endeavored to en- 
force them, but found much practical difficulty and op- 
position ; all of which I at first attributed to the fact 
that our emigrants were green at the beginning, but com- 
forted myself with the belief that they would improve in 
due time ; but my observation soon satisfied me that mat- 
ters would grow worse. It became very doubtful wheth- 
er so large a body of emigrants could be practically kept 
together on such a journey. These considerations in- 
duced me to resign on the 8th of June, and William 
Martin was elected as my successor. 

On the 12th of June we were greatly surprised and 
delighted to hear that Captain Gant had killed a buffalo. 
The animal was seen at the distance of a mile from the 
hunter, who ran upon him with his horse and shot him 



104: RECOLLECTIONS OF AN OLD PIONEER. 

with a large pistol, several shots being required to kill 
him. We were all anxious to taste buffalo meat, never 
having eaten any before ; but we found it exceedingly- 
poor and tough. The buffalo was an old bull, left by 
the herd because he was unable to follow. 

On the 15th of June one of our party killed an an- 
telope. This is perhaps the fleetest animal in the 
world except the gazelle, and possesses the quickest 
sight excepting the gazelle and the giraffe. The ante- 
lope has a large black eye, like those of the gazelle and 
giraffe, but has no acute sense of smell. For this reason 
this animal is always found iu the prairie, or in very 
open timber, and will never go into a thicket. He de- 
pends upon his superior sight to discern an enemy, and 
upon his fleetness to escape him. I have heard it said 
that, when wolves are much pressed with hunger, they 
hunt the antelope in packs, the wolves placing them- 
selves in different positions. Antelopes, like most wild 
game, have their limits, within which they range for 
food and water ; and, when chased by the wolves, the 
antelope v/ill run in something like a circle, confining 
himself to his accustomed haunts. "When the chase 
commences, the antelope flies off so rapidly that he 
leaves his pursuers far behind ; but the tough and hun- 
gry wolf, with his keen scent, follows on his track ; and, 
by the time the antelope has become cool and a little 
stiff, the wolf is upon him, and he flies from his enemy 
a second time. This race continues, fresh wolves com- 
ing into the chase to relieve those that are tired, until 
at last the poor antelope, with all his quickness of sight 
and fleetness of foot, is run down and captured. As 
soon as he is killed, the wolf that has captured him sets 
up a loud howl to summon his companions in the chase 
to the banquet. When all have arrived, they set to 



THE ANTELOPE. 105 

eating the carcass, each wolf taking what he can get, 
there being no fighting, but only some snarling, among 
the wolves. This statement I do not know to be true 
of my own knowledge, but think it quite probable. It 
seems to be characteristic of the dog family, in a wild 
state, to hunt together and devour the common prey in 
partnership. Bruce, in his account of his travels in 
Abyssinia, relates that he saw five or six hyenas all en- 
gaged in devouring one carcass ; and that he killed four 
of them at one shot with a blunderbuss, loaded with a 
large charge of powder and forty bullets. 

When an antelope once sees the hunter, it is impos- 
sible to stalk the animal. On the trip to Oregon I tried 
the experiment without success. When I saw the ante- 
lope, upon the top of a small hill or mound, looking at 
me, I would turn and walk away in the opposite direc- 
tion, until I was out of sight of the animal; then I would 
make a turn at right angles, until I found some object 
between me and the antelope, behind which I could ap- 
proach unseen within rifle-shot ; but invariably the wily 
creature would be found on the top of some higher ele- 
vation, looking at me creeping up behind the object that 
I had supposed concealed me from my coveted prey. 
The only practical way of deceiving an antelope is to 
fall flat upon the ground among the grass, and hold up 
on your ramrod a hat or handkerchief, while you keep 
yourself concealed from his view. Though exceedingly 
wary, the curiosity of the animal is so great that he will 
often slowly and cautiously approach within rifle-shot. 

On the 16th of June we saw a splendid race between 
some of our dogs and an antelope, which ran all the way 
down the long line of wagons, and about a hundred and 
fifty yards distant from them. Greyhounds were let 
loose, but could not catch it. It ran very smoothly, 



106 RECOLLECTIONS OF AN OLD PIONEER. 

making no long bounds like the deer or horse, but seemed 
to glide through the air. The gait of the antelope is so 
peculiar that, if one was running at the top of his speed 
over a perfectly smooth surface, his body would always 
be substantially the same distance from the earth. 

Lindsey Applegate gave this amusing and somewhat 
exaggerated account of a race between a very fleet 
greyhound and an antelope. The antelope was off to the 
right of the road half a mile distant, and started to cross 
the road at right angles ahead of the train. The grey- 
hound saw him start in the direction of the road, and 
ran to meet him, so regulating his pace as to intercept 
the antelope at the point where he crossed the road. 
The attention of the antelope being fixed upon the 
train, he did not see the greyhound until the latter was 
within twenty feet of him. Then the struggle com- 
menced, each animal rumiing at his utmost speed. The 
greyhound only ran about a quarter of a mile, when he 
gave up the race, and looked with seeming astonishment 
at the animal that beat him, as no other animal had 
ever done before. Applegate declared, in strong hyper- 
bolical language, that " the antelope ran a mile before 
you could see the dust rise." 

CROSS TO THE GREAT VALLEY OF THE PLATTE BUF- 
FALO HUNT DESCRIPTION OF THAT ANIMAL. 

Ever since we crossed Kansas River we had been 
traveling up Blue River, a tributary of the former. On 
the ITth of June we reached our last encampment on 
Blue. We here saw a band of Pawnee Indians, return- 
ing from a buffalo-hunt. They had quantities of dried 
buffalo-meat, of which they generously gave us a good 
supply. They were fine-looking Indians, who did not 
shave their heads, but cut their hair short like white men. 



CROSS TO THE GREAT VALLEY OF THE PLATTE. 107 

On the 18tli of June we crossed from the Blue to the 
great Platte River, making a journey of from twenty- 
five to thirty miles, about the greatest distance we ever 
traveled in a single day. The road was splendid, and 
we drove some distance into the Platte bottom, and en- 
camped in the open prairie without fuel. Next morn- 
ing we left very early, without breakfast, having trav- 
eled two hundred and seventy-one miles from the ren- 
dezvous, according to the estimated distance recorded 
in my journal. 

We traveled up the south bank of the Platte, which, 
at the point where we struck it, was from a mile to a 
mile and a half wide. Though not so remarkable as 
the famed and mysterious Nile (which, from the mouth 
of the Atbara River to the Mediterranean sea, runs 
through a desert some twelve hundred miles without 
receiving a single tributary), the Platte is still a re- 
markable stream. Like the Nile, it runs hundreds of 
miles through a desert without receiving any tributaries. 
Its general course is almost as straight as a direct line. 
It runs through a formation of sand of equal consist- 
ence ; and this is the reason its course is so direct. 

The valley of the Platte is about twenty miles wide, 
through the middle of which this wide, shallow, and 
muddy stream makes its rapid course. Its banks are 
low, not exceeding five or six feet in height ; and the 
river bottoms on each side seem to the eye a dead level, 
covered with luxuriant grass. Ten miles from the river 
you come to the foot of the table-lands, which are also 
apparently a level sandy plain, elevated some hundred 
and fifty feet above the river bottoms. On these plains 
grows the short buffalo-grass, upon which the animal 
feeds during a portion of the year. As the dry season 
approaches, the water, which stands in pools on these 
6 



108 RECOLLECTIONS OF AN OLD PIONEER. 

table-lands, dries up, and the buffaloes are compelled to 
go to the Platte for water to drink. They start for 
water about 10 a. m., and always travel in single file, 
one after the other, and in parallel lines about twenty 
yards apart, and go in a direct line to the river. They 
invariably travel the same routes over and over again, 
until they make a path some ten inches deep and twelve 
inches wide. These buffalo-paths constituted quite an 
obstruction to our wagons, which were heavily laden at 
this point in our journey. Several axles were broken. 
We had been apprised of the danger in advance, and 
each wagon was supplied with an extra axle. 

In making our monotonous journey up the smooth 
valley of the Platte, through the warm genial sunshine 
of summer, the feeling of drowsiness was so great that 
it was extremely difficult to keep awake during the day. 
Instances occurred where the drivers went to sleep on 
the road, sitting in the front of their wagons ; and the 
oxen, being about as sleepy, would stop until the drivers 
were aroused from their slumber. My small wagon was 
only used for the family to ride in ; and Mrs. Burnett 
and myself drove and slept alternately during the day. 

One great difficulty on this part of the trip was the 
scarcity of fuel. Sometimes we found dry willows, 
sometimes we picked up pieces of drift-wood along the 
way, which we put into our wagons, and hauled them 
along until we needed them. At many points of the 
route up the Platte we had to use buffalo-chips. By 
cutting a trench some ten inches deep, six inches wide, 
and two feet long, we were enabled to get along with 
very little fuel. At one or two places the wind was so 
severe that we were forced to use the trenches in order 
to make a fire at all. 

On the 20th of June we sent out a pai'ty of hunters, 



BUFFALO-HUNT. 109 

■who returned on the 24th with plenty of fresh bufifalo- 
meat. "We thought the flesh of the buffalo the most 
excellent of all flesh eaten by man. Its flavor is de- 
cidedly different from that of beef, and far superior, 
and the meat more digestible. On a trip like that, in 
that dry climate, our appetites were excellent ; but, even 
making every reasonable allowance, I still think buffalo 
the sweetest meat in the world. 

The American buffalo is a peculiar animal, remark- 
ably hardy, and much fleeter of foot than any one would 
suppose from his round short figure. It requires a fleet 
horse to overtake hirii. His sense of smell is remark- 
ably acute, while those of sight and hearing are very 
dull. If the wind blows from the hunter to the buffalo, 
it is impossible to approach him. I remember that, on 
one occasion, while we were traveling up the Platte, I 
saw a band of some forty biiffaloes running obliquely 
toward the river on the other side from us, and some 
three miles off ; and, the moment that their leader struck 
the stream of tainted atmosphere passing from us to 
them, he and the rest of the herd turned at right angles 
from their former course, and fled in the direction of the 
wind. 

On one occasion five of us went out on fleet horses 
to hunt buffaloes. We soon found nine full-grown ani- 
mals, feeding near the head of a ravine. The wind blew 
from them to us, and their keen scent was thus worth- 
less to them, as the smell will only travel with the wind. 
We rode quietly up the ravine, until we arrived at a 
point only about one hundred yards distant, when we 
formed in line, side by side, and the order was given to 
charge. We put our horses at once to their utmost 
speed ; and the loud clattering of their hoofs over the 
dry hard ground at once attracted the attention of the 



110 RECOLLECTIONS OF AN OLD PIONEER. 

buffaloes, which raised their heads and gazed at us for 
an instant, and then turned and fled. By the time they 
started we were within fifty yards of them. The race 
was over a level plain, and we gradually gained upon 
the fleeing game ; but, when we approached within twen- 
ty yards of them, we could plainly see that they let out 
a few more links, and ran much faster. I was riding a 
fleet Indian pony, and was ahead of all my comrades 
except Mr, Garrison, who rode a blooded American mare. 
He dashed in ahead of me, and fired with a large horse- 
pistol at the largest buffalo, giving the animal a slight 
wound. The moment the buffalo felt himself wounded, 
that moment he bore off from the others, they continu- 
ing close together, and he running by himself. 

I followed the wounded buffalo, and my comrades 
followed the others. The moment I began to press 
closely upon the wounded animal, he turned suddenly 
around, and faced me with his shaggy head, black horns, 
and gleaming eyes. My pony stopped instantly, and I 
rode aroiind the old bull to get a shot at his side, know- 
ing that it would be idle to shoot him in the head, as no 
rifle-ball will penetrate to the brain of a buffalo-bull. 
But the animal would keep his head toward me. I knew 
my pony had been trained to stand wherever he was 
left, and I saw that the wounded bull never charged at 
the horse. So I determined to dismount, and try to get 
a shot on foot. I would go a few yards from my horse, 
and occasionally the buffalo would bound toward me, 
and then I would dodge behind my pony, which stood 
like a statue, not exhibiting the slightest fear. For 
some reason the wounded animal would not attack the 
pony. Perhaps the buffalo had been before chased by 
Indians on horseback, and for that reason was afraid of 
the pony. At last I got a fair opportunity, and shot 



DESCRIPTION OF THAT ANIMAL. m 

the buffalo tliroiigh the lungs. The moment he felt the 
shot, he turned and fled, and after running a quarter of 
a mile fell dead. The shot through the lungs is the 
most fatal to the buffalo, as he soon smothers from the 
effects of internal haemorrhage. It is a singular fact 
that, before a buffalo is wounded, he will never turn and 
face his pursuer, but will run at his best speed, even 
until the hunter is by his side ; but the moment a buf- 
falo-bull is wounded, even slightly, he will quit the 
band, and when pressed by the hunter will turn and face 
him. The animal seems to think that, when wounded, 
his escape by flight is impossible, and his only chance is 
in combat. 

On the 27th of June our people had halted for lunch 
at noon, and to rest the teams and allow the oxen to 
graze. Our wagons were about three hundred yards 
from the river, and were strung out in line to the dis- 
tance of one mile. "While taking our lunch we saw 
seven buffalo-bulls on the opposite side of the river, 
coming toward us, as if they intended to cross the river 
in the face of our whole caravan. "When they arrived 
on the opposite bank they had a full view of us ; and 
yet they deliberately entered the river, wading a part 
of the distance, and swimming the remainder. When 
we saw that they were determined to cross at all haz- 
ards, our men took their rifles, formed in line between 
the wagons and the river, and awaited the approach of 
the animals. So soon as they rose the bank, they came 
on in a run, broke boldly through the line of men, and 
bore to the left of the wagons. Three of them were 
killed, and most of the others wounded. 



112 RECOLLECTIONS OF AN OLD PIONEER. 

CROSS THE SOUTH FORK — ARRIVE AT FORT LARAMIE — 

CHEYENNE CHIEF — CROSS THE NORTH FORK 

DEATHS OF PAINE AND STEVENSON — CROSS GREEN 
RIVER ARRIVE AT FORT HALL. 

On the 29tli of June we arrived at a grove of tim- 
ber, on the south bank of the South Fork of the Platte. 
This was the only timber we had seen since we struck • 
the river, except on the islands, which were covered 
with Cottonwood s and willows. From our first camp 
upon the Platte to this point, we had traveled, accord- 
ing to my estimates recorded in my journal, one hun- 
dred and seventy-three miles, in eleven days. 

On July 1st we made three boats by covering our 
wagon-boxes or beds with green buffalo-hides sewed to- 
gether, stretched tightly over the boxes, flesh side out, 
and tacked on with large tacks ; and the boxes, thus 
covered, were then turned up to the sun until the hides 
were thoroughly dry. This process of drying the green 
hides had to be repeated several times. From July 1st 
to the 5th, inclusive, we were engaged in crossing the 
river. On the Tth we arrived at the south bank of the 
North Fork of the Platte, having traveled a distance of 
twenty-nine miles from the South Fork. We had not 
seen any prairie-chickens since we left the Blue. On 
the 9th we saw three beautiful wild horses. On the 
14th we arrived at Fort Laramie, where we remained 
two days, repairing our wagons. We had traveled 
from the crossing of South Fork one hundred and 
forty-one miles in nine days. Prices of articles at this 
trading post : Coffee, $1.50 a pint ; brown sugar, the 
same ; flour, unbolted, 25 cents a pound ; powder, $1.50 
a pound ; lead, 75 cents a pound ; percussion-caps, $1.50 
a box ; calico, very inferior, $1 a yard. 



CROSS THE SOUTH FORK. 113 

At the Fort we found the Cheyenne chief and some 
of his people. He was a tall, trim, noble-looking Indian, 
aged about thirty. The Cheyennes at that time boasted 
that they had never shed the blood of the white man. 
He went alone very freely among our people, and I 
happened to meet him at one of our camps, where there 
was a foolish, rash young man, who wantonly insulted 
the chief. Though the chief did not understand the 
insulting words, he clearly comprehended the insulting 
tone and gestures. I saw from the expression of his 
countenance that the chief was most indignant, though 
perfectly cool and brave. He made no reply in words, 
but walked away slowly ; and, when some twenty feet 
from the man who had insulted him, he turned around, 
and solemnly and slowly shook the forefinger of his 
right hand at the young man several times, as much 
as to say, "I will attend to your case." 

I saw there was trouble coming, and I followed the 
chief, and by kind earnest gestures made him under- 
stand at last that this young man was considered by us 
all as a half-witted fool, unworthy of the notice of any 
sensible man ; and that we never paid attention to what 
he said, as we hardly considered him responsible for his 
language. The moment the chief comprehended my 
meaning I saw a change come over his countenance, and 
he went away perfectly satisfied. He was a clear- 
headed man ; and, though unlettered, he understood hu- 
man nature. 

In traveling up the South Fork we saw several In- 
dians, who kept at a distance, and never manifested any 
disposition to molest us in any way. They saw we 
were mere travelers through their country, and would 
only destroy a small amount of their game. Besides, 
they must have been impressed with a due sense of our 



114 RECOLLECTIONS OF AN OLD PIONEER. 

power. Our long line of wagons, teams, cattle, and 
men, on tlie smooth plains, and under the clear skies 
of Platte, made a most grand ajDpearance. They had 
never before seen any spectacle like it They, no doubt, 
supposed we had cannon concealed in our wagons. A 
few years before a military expedition had been sent out 
from Fort Leavenworth to chastise some of the wild 
prairie tribes for depredations committed against the 
whites. General Bennet Riley, then Cajitain Riley, had 
command, and had with him some cannon. In a skir- 
mish with the Indians, in the open prairie, he had used 
his cannon, killing some of the Indians at a distance be- 
yond rifle-shot. This new experience had taught them 
a genuine dread of big guns. 

The Indians always considered the wild game as 
much their proijerty as they did the country in which it 
was found. Though breeding and maintaining the game 
cost them no labor, yet it lived and fattened on their 
grass and herbage, and was as substantially within the 
power of these roving people and skillful hunters as the 
domestic animals of the white man. 

On the 24th of July we crossed the North Fork of 
Platte by fording, without difficulty, having traveled 
the distance of one hundred and twenty-two miles from 
Fort Laramie in nine days. On the 27th, we arrived at 
the Sweetwater, having traveled from the North Fork 
fifty-five miles in three days. On the 3d of August, while 
traveling up the Sweetwater, we first came in sight of the 
eternal snows of the Rocky Mountains. This to us was 
a grand and magnificent sight. We had never before 
seen the perpetually snow-clad summit of a mountain. 
This day William Martin brought into camp the foot of 
a very rare carnivorous animal, much like the hyena, 
and with no known name. It was of a dark color, had 



DEATHS OF PAINE AND STEVENSON. 115 

very large teeth, and was thought to be strong enough 
to kill a half -grown buffalo. 

On the 4th of August Mr. Paine died of fever, and 
we remained in camp to bury him. We buried him in 
the wild, shelterless plains, close to the new road we 
had made, and the funeral scene was most sorrowful 
and impressive. Mr, Garrison, a Methodist preacher, a 
plain, humble man, delivered a most touching and beau- 
tiful prayer at the lonely grave. 

On the 5th, 6th, and 7th we crossed the summit of 
the Rocky Mountains, and on the evening of the 7th we 
first drank of the waters that flow into the great Pacific. 
The first Pacific water we saw was that of a large, pure 
spring. On the 9th we came to the Big Sandy at noon. 
This day Stevenson died of fever, and we buried him 
on the sterile banks of that stream. On the 11th we 
crossed Green River, so called from its green color. It 
is a beautiful stream, containing fine fish. On the mar- 
gins of this stream there are extensive groves of small 
cottonwood-trees, about nine inches in diameter, with 
low and brushy tops. These trees are cut down by the 
hunters and trappers in winter, for the support of their 
mules and hardy Indian ponies. The animals feed on 
the tender twigs, and on the bark of the smaller limbs, 
and in this way manage to live. Large quantities of 
this timber are thus destroyed annually. 

On the 12th of August we were informed that Dr. 
Whitman had written a letter, stating that the Catholic 
missionaries had discovered, by the aid of their Flathead 
Indian pilot, a pass through the mountains by way of 
Fort Bridger, which was shorter than the old route. 
We therefore determined to go by the fort. There was 
a heavy frost with thin ice this morning. On the 14th 
we arrived at Fort Bridger, situated on Black's Fork of 



316 RECOLLECTIONS OF AN OLD PIONEER. 

Green River, having traveled from our first camp on 
the Sweetwater two hundred and nineteen miles in 
eighteen days. Here we overtook the missionaries. On 
the ITth we arrived on the banks of Bear River, a clear, 
beautiful stream, with abundance of good fish and plenty 
of wild ducks and geese. On the 22d we arrived at the 
great Soda Springs, when we left Bear River for Fort 
Hall, at which place we arrived on the 27th, having 
traveled two hundred and thirty-five miles from Fort 
Bridger in thirteen days. 

Fort Hall was then a trading post, belonging to the 
Hudson's Bay Company, and was under the charge of 
Mr. Grant, who was exceedingly kind and hospitable. 
The fort was situated on the south bank of Snake River, 
in a wide, fertile valley, covered with luxuriant grass, 
and watered by numerous springs and small streams. 
This valley had once been a great resort for buffaloes, 
and their skulls were scattered around in every direc- 
tion. We saw the skulls of these animals for the last 
time at Fort Boise, beyond which point they were never 
seen. The Company had bands of horses and herds of 
cattle grazing on these rich bottom-lands. 

Up to this point the route over which we had passed 
was perhaps the finest natural road, of the same length, 
to be found in the world. Only a few loaded wagons 
had ever made their way to Fort Hall, and were there 
abandoned. Dr. Whitman in 1836 had taken a wagon 
as far as Fort Boise, by making a cart on two of the 
wheels, and placing the axletree and the other two 
wheels in his cart. (Gray's " Oregon," page 133.) 

We here parted with our respected pilot, Captain 
John Gant. Dr. Marcus Whitman was with us at the 
fort, and was our pilot from there to the Grande Ronde, 
where he left us in charge of an Indian pilot, whose 



LEAVE FORT HALL. HY 

name was Stikas, and who proved to be both faithful 
and competent. The doctor left us to have his grist- 
mill put in order by the time we should reach his mis- 
sion. 

We had now arrived at a most critical period in our 
most adventurous journey ; and we had many misgiv- 
ings as to our ultimate success in making our way with 
our wagons, teams, and families. We had yet to ac- 
complish the untried and most difficult portion of our 
long and exhaustive journey. We could not anticipate 
at what moment we might be compelled to abandon our 
wagons in the moimtains, pack our scant supplies upon 
our poor oxen, and make our way on foot through this 
terribly rough covmtry, as best we could. We fully 
comprehended the situation ; biit we never faltered in 
our inflexible determination to accomplish the trip, if 
within the limits of possibility, with the resources at 
our command. Dr. Whitman assured us that we could 
succeed, and encouraged and aided us with every means 
in his power. I consulted Mr. Grant as to his opinion 
of the practicability of taking our wagons through. 
He replied that, while he would not say it was impossi- 
ble for us Americans to make the trip with our wagons, 
he could not himself see how it could be done. He had 
only traveled the pack-trail, and certainly no wagons 
could follow that route ; but there might be a practical 
road found by leaving the trail at certain points. 

LEAVE FORT HALL SAGE-BRUSH LANDS — SALMOlsr FALLS 

THE SPEAR OF THE INDIAN FISHERMAN" CROSS 

SKAKE RIVER KILL A LARGE SALMON. 

On the 30th of August we quitted Fort Hall, many 
of our young men having left us with pack-trains. Our 
route lay down Snake River for some distance. The 



118 RECOLLECTIONS OF AN OLD PIONEER. 

road was rocky and rough, except in the dry valleys ; 
and these were covered with a thick growth of sage or 
wormwood, which was from two to three feet high, and 
offered a great obstruction to the first five or six wagons 
passing through it. The soil where this melancholy 
shrub was found ajDpeared to be too dry and sterile to 
produce anything else. It was very soft on the sur- 
face, and easily worked up into a most disagreeable 
dust, as fine as ashes or flour. 

The taste of the sage is exceedingly bitter ; the 
shrub has a brown somber appearance, and a most disa- 
greeable smell. The stem at the surface of the ground 
is from one to two inches in diameter, and soon branch- 
es, so as to form a thick brushy top. The texture of 
the stem is peculiar, and unlike that of any other shrub, 
being all bark and no sap or heart, and appears like the 
outside bark of the grajDe-vine. How the sap ascends 
from the roots to the branches, or whether the shrub 
draws its nutriment from the air, I am not able to de- 
cide. One thing I remember well, that the stems of the 
green growing sage were good for fuel and burned most 
readily, and so rapidly that the supply had to be con- 
tinually renewed ; showing that they were not only dry, 
but of very slight, porous texture. Had the sage been 
as stout and hard as other shrubbery of the same size, 
we should have been compelled to cut our wagonway 
through it, and could never have passed over it as we 
did, crushing it beneath the feet of our oxen and the 
wheels of our wagons. 

The geographical features of the Pacific coast are 
Asiatic in their appearance, being composed of moun- 
tains and valleys. Our hills swell to mountains, and 
our valleys are to the eye a dead level, yet they gener- 
ally descend about nine or ten feet to the mile. We 



SALMON FALLS. 119 

have consequently very little gently undulating land, 
such as is generally found in the great Mississippi val- 
ley. Gibbon, speaking of the route of the army of the 
Emperor Julian, well but concisely describes the sage- 
plains of this coast : " The country was a plain through- 
out, as even as the sea, and full of wormwood ; and, if 
any other kind of shrubs or reeds grew there, they had 
all an aromatic smell, but no trees could be seen." 
(" Decline and Fall," chapter xxiv., pp. 477-78.) 

Colonel Mercer of Oregon delivered a lecture in the 
City of New York on April 6, 1878, as appears from 
the telegram to the " Daily Alta " of the 7th, in which 
he set forth the wonderful fertility of the sage-brush 
lands, which until recently had been supposed to be 
valueless. The sage-brush lands through which we 
passed in 1843 appeared to be worthless, not only be- 
cause of the apparent sterility of the soil, but for the 
want of water. With plentiful irrigation, I think it 
quite probable that these lands, in most places, might 
be rendered fruitful. Water is a great fertilizer, and 
nothing but experiment can actually demonstrate how 
far these wilderness plains can be redeemed. 

On the 7th of September, 1843, we arrived at the 
Salmon Falls on Snake River, where we purchased from 
the Snake Indians dried and fresh salmon, giving one 
ball and one charge of powder for each dried fish. We 
found several lodges of Indians here, who were very 
poorly clad, and who made a business of fishing at the 
falls. The falls were about eight feet perpendicular at 
that stage of water, with rapids below for some dis- 
tance. The stream is divided upon the rapids into 
various narrow channels, through which the waters 
pass with a very shallow and rapid current, so that the 
fisherman can wade across them. The salmon are com- 



120 RECOLLECTIONS OF AN OLD TIONEER. 

pelled to pass up these channels, and readily fall a 
prey to the quick, sharp spear of the Indian fisherman. 
This spear consists of a strong, smooth pole, ten or 
twelve feet long and an inch and a half in diameter, 
made of hard, tough wood, upon one end of which 
there is fastened a piece of sharp-pointed buck-horn, 
about four inches long. The larger end of this piece of 
buck-horn is hollowed out to the depth of about three 
inches, and fastened on the end of the pole, which is 
tapered to fit into it. To the middle of this buck-horn 
there is securely fastened a thong or string of sinew, 
the other end of which is firmly attached to the pole 
about one foot above the buck-horn, leaving a consider- 
able slack in the string. With this spear the Indian 
fisherman lies down or sits close to one of these narrow 
channels, with the point of his spear resting near where 
the fish must pass. In this position he remains motion- 
less until he sees a fish immediately opposite the point 
of the spear, as the fish slowly ascends the rapid cur- 
rent ; when, with the quick motion of a juggler, he 
pushes his spear clear through the salmon before this 
powerful fish can dodge it. The buck-horn at once 
slips off the end of the pole, on the other side the fish, 
the first flounce he makes ; but he is securely held by 
the thong attached to the pole. No spear could be 
more skillfully designed or more effectually used than 
this. 

One of our emigrants, having been informed before 
he started on the trip that the clear, living waters of 
the Columbia and its tributaries were full of salmon, 
had brought all the way from Missouri a three-pronged 
harpoon, called a gig. The metallic portion of this fish- 
ing instrument was securely riveted on the end of a 
smooth, strong pole, about ten feet long and two inches 



THE SPEAR OF THE INDIAN. 121 

in diameter. The skillful fisherman held this gig in his 
right hand, raised above his head ; and, when he saw a 
fish fifteen or twenty feet distant, he would pitch the 
weapon at his prey with such a sure aim as seldom to 
miss his mark. 

This emigrant was joyful when we arrived at the 
falls, it being the first point where he could use his gig. 
He soon brought forth his instrument from the bottom 
of his wagon, where it had remained unused so long, 
and sallied forth to capture salmon. We all watched 
with deep interest, as he stood by one of these narrow 
channels, gig in hand. Very soon we saw him throw 
his gig, but he missed his mark. Again and again he 
tried his skill, but always failed. The fact was that the 
salmon, one of the most muscular of fishes, with keen 
sight and quick motion, had seen the thrown gig in time, 
and had effectually dodged it. Our emigrant came back 
greatly mortified because the Indians could beat him in 
catching salmon. He understood, after this trial, the 
difference between the agility of the salmon of the Co- 
lumbia and that of the sluggish catfish of the Missis- 
sippi. 

Before reaching the Salmon Falls we passed a large 
spring on the opposite side of Snake River. This spring 
furnished water enough for a large creek, which fell per- 
pendicularly from a wall of basaltic rock two hundred 
feet high, forming a most beautiful scene on the river. 

On the 10th of September we crossed the Snake 
River by fording without difficulty ; and in crossing 
we killed a salmon weighing twenty-three pounds, one 
of our wagons running over it as it lay on the bottom 
of the pebbly stream. 

The full-grown male and female salmon from the 
ocean enter the streams that flow into it, and, guided 



122 RECOLLECTIONS OF AN OLD PIONEER. 

by a wonderful instinct, ascend to the upper branches, 
where they can deposit their numerous spawn in a place 
secure from enemies. The waters of these mountain- 
streams are so clear as to remind one of Dryden's de- 
scription 

" Of shallow brooks, that flowed so clear, 
The bottom did the top appear." 

In the pebbly bottoms of these tributary streams the 
female salmon hollows out a cavity of sufficient depth 
to form an eddy, in which she can deposit her spawn 
without the danger of their being swept away by the 
current. The one we killed was doubtless in her nest, 
which she refused to quit. 

From all the information I was able to obtain while 
residing in Oregon, grown salmon which once leave the 
ocean never return. This was the opinion of Sir James 
Douglas, which was confirmed by my own observation. 
But there seems to be a difference of opinion on the 
question. I have lately conversed with B. B. Redding 
ujion this subject, and it is his opinion that about ten 
per cent, retui-n alive to the ocean, as about that propor- 
tion are caught in the Sacramento River on the upper 
side of the gill-nets used by the fishermen. This may 
be the more correct opinion. 

The male salmon is armed with strong, sharp teeth, 
and they fight and wound each other severely. While 
the female is making and guarding her nest, her mate 
remains close by, watching and waiting with the great- 
est fidelity and patience ; and, when any other fish ap- 
proaches too near, he darts at him with the utmost 
swiftness and ferocity. The spawn is always deposited 
in the pebbly bed of the stream, where the water is 
swift and comparatively shallow, and where other fish 



THE SALMON— BOILING SPRING. 123 

are less likely to molest them. The eggs hatch in from 
forty to forty-five days. 

For hours I have watched the efforts of salmon to 
pass over the Willamette Falls, at Oregon City. For 
the space of one or two minutes I would not see a fish 
in the air. Then, all at once, I would see one leap out 
of the water, followed immediately by great numbers. 
Some would rise from ten to fifteen feet, while many 
would not ascend more than four or five ; but all seemed 
equally determined to succeed. They had selected the 
most practicable point, and approached very near the 
column of descending water, and rose from the eddy 
caused by the reflow. Occasionally one would go over; 
but the great majority pitched with their heads plump 
against the wall of rock behind the torrent, and fell 
back, more or less wounded, to try again. There was 
a shelf in the rock three or four feet below the top, and 
I have seen salmon catch on this shelf, rest for an in- 
stant, then flounce off and fall into the water below. So 
long as a salmon is alive, its head will be found up 
stream, and every effort made, though feeble, will be to 
ascend. Sometimes, when in very shallow water, the 
fish may descend to a short distance to escape an enemy 
for the time ; but its constant instinct is to go up higher, 
until it reaches the place to deposit its eggs. 

BOILING SPEIXG FORT BOISE — BURJ^T RIVER THE LONE 

PINE THE GRANDE RONDE THE BLUE MOUNTAINS 

ARRIVE AT DR. WHITMAN'S MISSION ARRIVE AT 

WALLA WALLA. 

On the 14th of September we passed the Boiling 
Spring. Its water is hot enough to cook an egg. It 
runs out at three different places, forming a large branch, 



124 RECOLLECTIONS OF AN OLD PIONEER. 

which runs off smoking and foaming. It rises half a 
mile from a tall range of hills, covered with basaltic 
rock ; and the plains around are covered with round 
rocks of the same kind. The water is clear, and rises 
at the head of a small ravine. 

On the 20th of September we arrived at Fort Boise, 
then in charge of Mr. Payette, having traveled from 
Fort Hall, two hundred and seventy-three miles, in 
twenty-one days. Mr. Payette, the manager, was kind 
and very polite. On the 21st we recrossed the Snake 
River by fording, which was deep but safe. On the 
24th we reached Burnt River, so named from the many 
fires that have occurred there, destroying considerable 
portions of timber. It hardly deserves to be called a 
river, being only a creek of fair size. The road up this 
stream was then a terrible one, as the latter runs be- 
tween tAvo ranges of tall mountains, through a narrow 
valley full of timber, which we had not the force or 
time to remove. 

On the 27th of September we had some rain during 
the night, and next morning left Burnt River. To-day 
we saw many of the most beautiful objects in nature. 
In our rear, on our right and left, were ranges of tall 
mountains, covered on the sides with magnificent forests 
of pine, the mountain-tops being dressed in a robe of 
pure snow ; and around their summits the dense masses 
of black clouds wreathed themselves in fanciful shapes, 
the sun glancing through the open spaces upon the 
gleaming mountains. We passed through some most 
beautiful valleys, and encamped on a branch of the 
Powder River, at the Lone Pine. 

This noble tree stood in the center of a most lovely 
valley, about ten miles from any other timber. It could 
be seen, at the distance of many miles, rearing its ma- 



THE GRANDE RONDE. 125 

jestic form above the surrounding plain, and constituted 
a beautiful landmark for the guidance of the traveler. 
Many teams had passed on before me ; and at intervals, 
as I drove along, I would raise my head and look at 
that beautiful green pine. At last, on looking up as 
usual, the tree was gone. I was perplexed for the 
moment to know whether I was going in the right di- 
rection. There was the plain beaten wagon-road before 
me, and I drove on until I reached the camp just at 
dark. That brave old pine, which had withstood the 
storms and snows of centuries, had fallen at last by the 
vandal hands of men. Some of our inconsiderate people 
had cut it down for fuel, but it was too green to burn. 
It was a useless and most unfortunate act. Had I been 
there in time, I should have begged those woodmen to 
" spare that tree." 

On the 29th and 30th of September we passed 
through rich, beautiful valleys, between ranges of snow- 
clad mountains, whose sides were covered with noble 
pine forests. On October 1st we came into and through 
Grande Ronde, one of the most beautiful valleys in the 
world, embosomed among the Blue Mountains, which 
are covered with magnificent pines. It was estimated 
to be about a hundred miles in circumference. It was 
generally rich prairie, covered with luxui'iant grass, and 
having numerous beautiful streams passing through it, 
most of which rise from springs at the foot of the moun- 
tains bordering the valley. In this valley the camas- 
root abounds, which the Indians dried upon hot rocks. 
We purchased some from them, and found it quite pala- 
table to our keen appetites. 

On the 2d of October we ascended the mountain- 
ridge at the Grande Ronde, and descended on the other 
side of the ridge to a creek, where we camped. These 



126 RECOLLECTIONS OF AN OLD PIONEER. 

hills were terrible. On the 3d, 4th, 5th, and 6th we 
passed through the Blue Mountains, arriving at their 
foot on the 6th, and encamping upon a beautiful stream 
of water. On the morning of the 5th there was a snow- 
storm on the mountain. During our passage through 
the Blue Mountains we had great difficulty in finding 
our cattle, and the road was very rough in many places. 
Our camp was about three miles from the Indian vil- 
lage, and from the Indians we purchased Indian corn, 
peas, and Irish potatoes, in any desired quantity. I 
have never tasted a greater luxury than the potatoes 
we ate on this occasion. We had been so long without 
fresh vegetables, that we were almost famished ; and 
consequently we feasted this day excessively. We gave 
the Indians, in exchange, some articles of clothing, 
which they were most anxious to purchase. When two 
parties are both as anxious to barter as were the Indians 
and ourselves, it is very easy to strike a bai'gain. 

On the 10th of October we arrived within three 
miles of Dr. Whitman's mission, and remained in camp 
until the 1 4th. 

The exhausting tedium of such a trip and the at- 
tendant vexations have a great effect upon the major- 
ity of men, especially upon those of weak minds. Men, 
under such circumstances, become childish, petulant, and 
obstinate. I remember that while we were at the mis- 
sion of Dr. Whitman, who had performed much hard 
labor for us, and was deserving of our warmest grati- 
tude, he was most ungenerously accused by some of our 
people of selfish motives in conducting us past his es- 
tablishment, where we could procure fresh supplies of 
flour and potatoes. This foolish, false, and ungrateful 
charge was based upon the fact that he asked us a dol- 
lar a bushel for wheat, and forty cents for potatoes. 



ARRIVE AT WALLA WALLA. 127 

As our people had been accustomed to sell their wheat 
at from fifty to sixty cents a bushel, and their potatoes 
at from twenty to twenty-five cents, in the Western 
States, they thought the prices demanded by the Doctor 
amounted to something like extortion ; not reflecting 
that he had to pay at least twice as much for his own 
supplies of merchandise, and could not afford to sell his 
produce as low as they did theirs at home. They were 
somewhat like a certain farmer in Missouri, at an early 
day, who concluded that twenty cents a bushel was a 
fair price for corn, and that he would not sell for more 
nor less. But experience soon taught him that when 
the article was higher than his price he could readily 
sell, but when it was lower he could not sell at all ; and 
he came to the sensible conclusion that he must avail 
himself of the rise, in order to compensate him for the 
fall in prices. So obstinate were some of our people, 
that they would not purchase of the Doctor. I remem- 
ber one case particularly, where an intimate friend of 
mine, whose supplies of food were nearly exhausted, 
refused to purchase, though urged to do so by me, until 
the wheat was all sold. The consequence was, that I 
had to divide provisions with him before we reached 
the end of our journey. 

On the 16th of October we arrived at Fort "Walla 
Walla, then under the charge of Mr. McKinley ; hav- 
ing traveled from Fort Boise, two hundred and two 
miles, in twenty-four days, and from the rendezvous, 
sixteen hundred and ninety-one miles, between the 22d 
of May and the 16th of October, being one hundred 
and forty-seven days. Average distance per day, eleven 
and a half miles. 



128 RECOLLECTIONS OF AN OLD PIONEER. 

DESCEND THE EIVER TO THE DAJLLES LEAVE MY 

FAMILY THEEE GO TO VANCOUVER AND RETURN 

GOVERNOR FREMONT. 

A portion of our emigrants left their wagons and 
cattle at Walla Walla, and descended the Columbia in 
boats ; while another, and the larger portion, made 
their way with their wagons and teams to the Dalles, 
whence they descended to the Cascades on rafts, and 
thence to Fort Vancouver in boats and canoes. Wil- 
liam Beagle and I had agreed at the rendezvous not 
to separate until we reached the end of our journey. 
We procured from Mr. McKinley, at Walla Walla, an 
old Hudson's Bay Company's boat, constructed express- 
ly for the navigation of the Columbia and its tribu- 
taries. These boats are very light, yet strong. They 
are open, about forty feet long, five feet wide, and 
three feet deep, made of light, tough materials, and 
clinker-built. They are made in this manner so that 
they may be carried around the falls of the Columbia, 
and let down over the Cascades. When taken out of 
the water and carried over the portage, it requires the 
united exertions of forty or fifty Indians, who take the 
vessel on their shoulders, amid shouts and hurras, and 
thus carry it sometimes three fourths of a mile, without 
once letting it down. At the Cascades it is let down 
by means of ropes in the hands of the Canadian boat- 
men. 

We employed an Indian pilot, who stood with a 
stout, long, broad paddle in the bow of the boat, while 
Beagle stood at the stern, holding a long steering-oar, 
such as were used upon flat-bottoms and keel-boats in 
the Western States. I remember that my friend Bea- 
gle, before we left Walla Walla, expressed great confi- 



OUR INDIAN PILOT. 129 

dence in his skill in steering, as he had often passed the 
Ohio rapids at Louisville. But these rapids were no- 
thing to those on the Columbia. I have seen Beagle 
turn as pale as a corpse when passing through the ter- 
rible rapids on this river. 

Our Indian pilot was very cool, determined, and in- 
trepid ; and Beagle always obeyed him, right or wrong. 
On one occasion, I remember, we were passing down a 
terrible rapid, with almost the sjDeed of a race-horse, 
when a huge rock rose above the water before us, 
against which the swift and mighty volume of the 
river furiously dashed in vain, and then suddenly 
turned to the right, almost at right angles. The In- 
dian told Beagle to hold the bow of the boat directly 
toward that rock, as if intending to run plump upon it, 
while the rest of us pulled upon our oars with all our 
might, so as to give her such a velocity as not to be 
much affected by the surging waves. The Indian stood 
calm and motionless in the bow, paddle in hand, with 
his features set as if prepared to meet immediate death ; 
and, when we were within from twenty to thirty feet 
of that terrible rock, as quick almost as thought he 
plunged his long, broad paddle perpendicularly into the 
water on the left side of the bow, and with it gave 
a sudden wrench, and the boat instantly turned upon 
its center to the right, and we passed the rock in 
safety. 

While passing through these dangers I was not 
much alai*raed, but after they were passed I could 
never think of them without a sense of fear. Three of 
our emigrants were drowned just above the Dalles, but 
we reached them in safety, sending our boat through 
them, while the families walked around them on dry 
land. These Dalles are a great natural curiosity ; but 



130 RECOLLECTIONS OF AN OLD PIONEER. 

they have been so often described that I deem it un- 
necessary to attempt any description myself. 

When we arrived at the Methodist mission, located 
at the foot of the Dalles, I saw at once that there must 
some day grow up a town there, as that was the head 
of safe steam navigation. From there to the Cascades, 
a distance of about fifty miles, the river is entirely 
smooth and without a rapid. At the Cascades there is 
a portage to be made, but, once below them, and there 
is nothing but smooth water to the ocean. I deter- 
mined at once to settle at the Dalles ; and, after con- 
sultation with Mr. Perkins, the minister in charge, I left 
my family there and proceeded to Vancouver, where I 
arrived about the 7th of November, 1843. 

At Fort Vancouver I found Governor Fremont, then 
Lieutenant Fremont, who had been there a few days. 
He had left his men and animals at the Dalles, and had 
descended the river to the fort for the purpose of pur- 
chasing suj^plies, to enable him to make the trip over- 
land to California during that winter. The preceding- 
year he had made an exploring trip to the South Pass 
of the Rocky Mountains ; but this was his first journey 
to Oregon and California. 

The Hudson's Bay Company furnished him, on the 
credit of the United States, all the supiDlies he required, 
and sent them up the river in one of their boats, such 
as I have already described, and three Chinook canoes. 
These canoes are substantially of the same model as the 
clipper-ship, and most probably suggested the idea of 
such a form of marine architecture. They are made 
out of a solid piece of white-cedar timber, which is usu- 
ally one quarter of the first cut of a large tree. It is a 
soft wood, but very tough. This timber grows upon 
the banks of the Columbia, below Vancouver, to a very 



LEAVE FORT VANCOUVER. 131 

large size. It is easily split with wedges. The Indians 
manage to cut and burn down the tree, and then cut 
and burn off a part of the trunk, and split it into quar- 
ters. Then they hollow out the inside of the canoe, 
mostly by burning. For this purpose they kindle small 
fires along the whole length of the canoe, which they 
keep steadily burning ; and, by careful and constant 
watching, they cause the fires to burn when and how 
they please. The outside they shape with their toma- 
hawks ; and, before these were introduced, they used 
sharp flint-stones for axes. These canoes are usually 
about thirty feet long, three feet wide, and two feet 
deep, and are sharp at both ends, with a gradual taper 
from near the center. No craft could have a more 
handsome model, or run more swiftly. They are light, 
strong, elastic, and durable, and are propelled by pad- 
dles. The boat was navigated by Canadian French, 
and the canoes by Indians. 

Dr. McLoughlin and Mr. Douglas, then chief factors 
at the fort, advised me to go for my family, and settle 
in the lower portion of Oregon, and kindly offered me a 
passage up and down on their boat. We left the fort 
about the 11th of November in the evening, while it 
was raining. It came down gently but steadily. We 
reached the foot of the rapids, three miles below the 
Cascades, before sundown on the third day. We found 
that the Indians could propel their canoes with paddles 
much faster than we could our boat with oars. We as- 
cended the river to the distance of about one mile above 
the foot of the rapids ; and just before dark we en- 
camped upon a sand-beach, the only spot where we 
could do so without ascending higher up the rapids. 

The Indians, with the three canoes, had passed on 
farther up the river ; and, although we fired signal- 
1 



132 RECOLLECTIOXS OF AN OLD PIONEER, 

shots, they could not be induced to return. They had 
with them the sugar and tea, and the Indian lodge, com- 
posed of buffalo-skins, neatly dressed and sewed to- 
gether. This lodge was in a conical form, about four- 
teen feet in diameter at the base and eighteen feet high, 
with a hole at the base of about two by three feet for a 
door, and one in the top for the escape of the smoke. 
A deer-skin formed the door-shutter, and the fire was 
built in the center, around which we sat with our backs 
to the lodge ; and when we lay down we put our feet 
to the fire and our heads from it. In this way we could 
be warm and comfortable, and free from the effects of 
the wind and rain, without being at all incommoded by 
the smoke from our small fire, as it rose straight up and 
passed out through the hole in the top of the lodge. 
The lodge was supported by long, strong, smooth poles, 
over which it was tightly stretched. It was far supe- 
rior to any cloth tent I ever saw. 

When we encamped, it was cloudy but not raining, 
and we were very hungry after our day's hard work ; 
but our bill of fare consisted of salt salmon and cold 
bread. We knew, from the appearance of the thick- 
ening but smooth clouds, that we should most likely 
have a rainy night. The lower portion of Oregon lies 
between the tall Cascade range of mountains and the 
ocean. This range runs almost parallel with the Pacific 
Ocean, and about a hundred and twenty-five miles from 
it. The clouds in the rainy season break upon this range ; 
and the Cascades are at the point where the mighty Co- 
lumbia cuts at right angles through it. We had been 
told that it rained oftener and harder at the Cascades 
than at almost any other point in Oregon ; and, to our 
injury, we found it true. 

Supper being ended, we laid ourselves down before 



GOVERXOR FREMONT. 133 

a large fire. Governor Fremont wrapped himself in his 
cloak, keeping on all his clothes, and lay down upon a 
blanket. For myself, I had with me two pairs of large, 
heavy blankets, one pair of which I put folded under 
me, and covered myself with the other pair. Soon after 
we had lain down the rain began to fall gently, but con- 
tinued steadily to increase. At first, I thought it might 
rain as much as it pleased, without wetting through my 
blankets ; but before day it came down in torrents, and 
I found the water running under me, and into the pock- 
ets of my pantaloons and the tops of my boots. It 
was a cold rain, and the fire was extinguished. I could 
not endure all this, and I sat up during most of the re- 
maining portion of the night upon a log of wood, with 
one pair of blankets thrown over my head, so as to fall 
all around me. In this way I managed to keep warm ; 
but the weight of the wet blankets was great, and my 
neck at last rebelled against the oppression. I finally 
became so fatigued and sleepy that just before day, 
when the rain had ceased, I threw myself down across 
some logs of wood, and in that condition slept until day- 
light. As for Governor Fremont, he never moved, but 
lay and slept as well as if in comfortable quarters. My 
position was in a lower place on the beach than his, and 
this was the reason why the water ran under me, and 
not under him. 

Next morning we rose fresh and fasting, and as- 
cended to the Indian encampment, where the Governor 
found our Indians comfortably housed in the lodge, cook- 
ing breakfast. He was somewhat vexed, and made 
them hustle out in short order. 

It took us some days to make the portage, it raining 
nearly all the while. At the head of the Cascades there 
were several large, projecting rocks, under one side of 



134 RECOLLECTIONS OF AN OLD PIONEER. 

which the Indians could lie on the clean dry sand, secure 
from the rain. They would build a fire in front and sit 
or lie under the projecting rocks ; and, as they were at 
home with their kindred and families, they were in no 
hurry to go forward, and were not much disposed to go 
out in bad weather. At the Cascades there is a cele- 
brated salmon fishery, where the Indians then lived in 
considerable numbers, supporting themselves in the sum- 
mer upon fresh, and in the winter upon dried salmon. 

We were anxious to proceed, as Governor Fremont 
had still to make the perilous journey to California ; but 
there were only some five to eight whites to several 
hundred Indians. But the cool, determined, yet pru- 
dent Fremont managed to command our Indians, and 
induce them to work. When nothing else would avail, 
he would put out their fires. Finding it necessary to 
work or shiver, they preferred to work. 

When we had reloaded our craft, we set forward for 
the Dalles ; and we had not gone more than ten miles 
before we could see clear out and beyond the clouds, 
into the pure blue sky. We were almost vexed to think 
we had been so near to a sunny region all the time we 
had been suffering so much from the rain. We soon 
reached a point on the river above where there had been 
no rain ; and from that point to the Dalles we had cold, 
clear, frosty nights. We arrived at the Dalles in about 
ten days after leaving Vancouver. I went with the 
Governor to his camp of about forty men and one hun- 
dred animals. 

I was with Governor Fremont about ten days. I 
had never known him personally before this trip. I 
knew he was on the way ; but he traveled usually with 
his own company, and did not mingle much with the 
emigrants, as he could not properly do so, his men being 



RETURN TO FORT VANCOUVER. I35 

under military discipline, and our emigrants not. He 
was then about thirty years old, modest in appearance, 
and calm and. gentle in manner. His men all loved, him 
intensely. He gave his orders with great mildness and. 
simplicity, but they had to be obeyed. There was no 
shrinking from duty. He was like a father to those 
under his command. At that time I thought I could 
endure as much hardship as most men, especially a 
small, slender man like Governor Fremont ; but I was 
wholly mistaken. He had a small foot, and wore a thin 
calf -skin boot ; and yet he could endure more cold than 
I could with heavy boots on. I never traveled with a 
more pleasant companion than Governor Fremont. His 
bearing toward me was as kind as that of a brother. 



GO WITH MY FAMILY TO VANCOUVER INDIAK TRADI- 
TION THE TOWN OP LINNTON. 

I returned with my family to Fort Vancouver on 
the 2Gth of November, 1843 ; and, as we passed the 
place of our encampment on the sand-beach below the 
Cascades, the Canadian boatmen pointed toward it and 
laughed. 

When we arrived at the Cascades on our return voy- 
age, we carried our baggage upon our shoulders three 
fourths of a mile, when we reloaded and then "jumped" 
the rapids below. Until we had passed these rapids on 
our downward voyage I had no adequate conception of 
the dangers we had passed through on the voyage from 
Walla Walla to the Dalles. During that perilous pas- 
sage I was one of the oarsmen, and sat with my back to 
the bow of the boat, thus having no fair opportunity to 
observe well. My attention was mainly confined to my 
own portion of the work, and I had but little time to 



136 RECOLLECTIONS OF AN OLD PIONEER. 

look up. But, in running the rapids below the Cascades, 
I had nothing to do but look on. It was almost literal 
*' jumping." 

There was then an Indian tradition that about a 
hundred years before the Cascades did not exist, but 
that there was a succession of rapids from the Dalles to 
where the Cascades are now. The whole volume of the 
Columbia is now confined to a narrow channel, and falls 
about thirty feet in the distance of a quarter of a mile. 
This tradition said that the river gradually cut under 
the mountain, until the projecting mass of huge stones 
and tough clay slid into the river and dammed up the 
stream to the height of some thirty feet, thus producing 
slack water to the Dalles. And I must say that every 
appearance, to my mind, sustains this view. 

The Columbia, like most rivers, has a strip of bot- 
tom-land covered with timber, on one side or the other ; 
but at the Cascades this bottom-land is very narrow, 
and has a very different appearance from the bottoms 
at places on the river above and below. The mountain 
on the south side of the river looks precisely as if a vast 
land-slide had taken place there ; and the huge rocks 
that lift their gray, conical heads above the water at a 
low stage go to prove that they could not have with- 
stood that terrible current for many centuries. In the 
winter, when the water is at its lowest stage, immense 
masses of thick ice come down over these Cascades, and 
strike with tremendous force against the rocks ; and 
the consequent wearing away must have been too great 
for those rocks to have been in that position many cen- 
turies. 

But there is another fact that seems to me to be al- 
most conclusive. As we passed up the river, the water 
Avas at a very low stage ; and yet for some twenty 



INDIAN TRADITION. 137 

miles above we could see stumps of various sizes stand- 
ing as thick beneath the water as trees in a forest. The 
water was clear, and we had a perfect view of them. 
They were entirely sound, and were rather sharp in 
form toward the top. It was evident that the trees had 
not grown in the water, but it had been backed up 
over their roots, and the tops and trunks had died and 
decayed, while the stumps, being under water, had 
remained substantially sound ; and the reason why they 
were sharp at the top was, that the heart of the timber 
was more durable than the sap-wood, which had de- 
cayed. Another reason for the sharpness of the stumps 
at the top is, the abrasion caused by the floating masses 
of ice. 

It was the opinion of Governor Fremont that these 
stumps had been placed in this position by a slide, which 
took them from their original site into the river. But 
I must think that opinion erroneous, because the slide 
could hardly have been so great in length, and the ap- 
pearance of the adjacent hills does not indicate an event 
of that magnitude. It is much more rational, I think, 
to suppose that the slide took place at the Cascades, 
and that the Indian tradition is true. Another reason 
is, that the river at the points where these stumps are 
found is quite wide, showing an increase of width by 
the backing up of the water over the bottoms. 

I procured a room for my family at Vancouver, un- 
til I could build a cabin. General M. M. McCarver and 
myself had agreed that we would select a town site at 
the head of ship navigation on the Willamette River. 
The General, having no family with him, arrived at the 
fort some time before I did, and selected a spot on the 
Willamette, about five miles above its mouth, at what 
we then supposed to be the head of ship navigation. 



138 RECOLLECTIONS OF AN OLD PIONEER. 

Here we laid out a town, calling it Linnton for Dr. 
Linn. It was a fair site, except for one small reason : 
it was not at the head of ship navigation, which subse- 
quent experience proved to be at Portland, some miles 
above. I had a cabin built at Linnton, and lived there 
with my family from about the middle of January until 
the first of May, 1844. We performed a considerable 
amount of labor there, most of which was expended in 
opening a wagon-road thence to the Tualatin Plains, 
over a mountain, and through a dense forest of fir, 
cedar, maple, and other timber. When finished, the 
road was barely passable with wagons. Our town 
speculation was a small loss to us, the receipts from the 
sale of lots not being equal to the exjDenses. 

I soon found that expenses were certain and income 
nothing, and determined to select what was then called 
" a claim," and make me a farm. I knew very little 
about farming, though raised upon a farm in Missouri, 
and had not performed any manual labor of consequence 
(until I began to prepare for this trip) for about seven- 
teen years. I had some recollection of farming ; but 
the theory, as practiced in Missouri, would not fully do 
for Oregon. Mr. Douglas told me that I could not suc- 
ceed at farming, as there was a great deal of hard work 
on a farm. I replied that, in my opinion, a sensible and 
determined man could succeed at almost anything, and 
I meant to do it. I did succeed well ; but I never had 
my intellect more severely tasked, with a few excep- 
tions. Those who think good farming not an intellec- 
tual business are most grievously mistaken. 



PURCHASE A CLAIM. 139 

PUBCHASE A CLAIM CLIMATE AND SCENERY OF ORE- 
GON NUMBER OF OUR IMMIGRANTS ASSISTANCE 

RENDERED OUR IMMIGRATION. 

Some time in April, 1844, I went to the Tualatin 
Plains, and purchased a claim in the middle of a circu- 
lar plain, about three miles in diameter. The claim was 
entirely destitute of timber, except a few ash-trees which 
grew along the margin of the swales. The plain was 
beautiful, and was divided from the plains adjoining by- 
living streams of water flowing from the mountains, the 
banks of which streams were skirted with fir and white- 
cedar timber. The surface of this plain was gently un- 
dulating, barely sufficient for drainage. I purchased 
ten acres of splendid fir timber, distant about a mile and 
a half, for twenty-five dollars. This supply proved am- 
ple for a farm of about two hundred and fifty acres. 

These swales are peculiar winter drains, from ten to 
thirty yards wide, and from one to two feet deep. In 
the winter they are filled with slowly running water ; 
but in summer they are dry, and their flat bottoms be- 
come almost as hard as a brick. No vegetation of con- 
sequence will grow in these swales ; and the only tim- 
ber along their margins is scattering ash, from six to 
eight inches in diameter and from twenty to twenty -five 
feet high, with wide, bushy tops. The land on both 
sides of these swales being clean prairie, the rows of 
green ash in summer give the plain a beautiful appear- 
ance. 

During the five years I remained in Oregon, the 
rainy season invariably set in between the 18th of Oc- 
tober and the 1st of November, and continued until 
about the middle of April, with occasional showers to 
July. In 1845 there were showers in August sufficient 



140 RECOLLECTIONS OF AN OLD PIONEER. 

to sprout wheat in the shock. Always about the 10th 
of September we had frost sufficient to kill bean and 
melon vines. The season for sowing wheat and oats 
extended from the fcommencement of the rains until the 
first of May ; and the harvest began about the 20th of 
July. We had snow every winter but one while I was 
in Oregon. At one time it was from six to eight inches 
deep, and remained upon the ground about ten days. 
The Columbia River was then frozen over at Vancouver; 
but this fact is not a true indication of the degree of 
cold, as this stream heads in a cold region, and the ice 
forms above and comes down in floating masses ; and, 
when the tide is rising, there is little or no current in 
the river, and it then freezes over very easily. During 
the winter, and most genei-ally in February, there is an 
interval of fine clear weather, which lasts about twenty 
days, with a cold wind from the north, and hard frosts. 
But during most of tlie rainy season the rains are 
almost continuous. Sometimes the sun would not be 
seen for twenty days in succession. It would generally 
rain about three days and nights without intermission, 
then cease for about the same period (still remaining 
cloudy), and then begin again. These rains were not 
very heavy, but cold and steady, accompanied with a 
brisk, driving wind from the south. It required a very 
stout, determined man to ride all day facing one of 
these rains. They were far worse than di'iving snow, as 
they wet and chilled the rider through. The summers, 
the latter half of the spring, and the early half of the 
fall, were the finest in the world, so far as my own ex- 
perience extends. Though the rainy seasons be long 
and tedious, they are, upon the whole, a blessing. The 
copious rains fertilize the soil of the fields, and keep 
them always fresh and productive. In my own best 



NUMBER OF OUR IMMIGRANTS. 141 

judgment, Oregon is one of the loveliest and most fertile 
spots of earth. It is destined to be densely populated 
and finely cultivated. The scenery of her mountains 
and valleys is simply magnificent. Her snow-clad moun- 
tains, her giant forests, her clear skies in summer, and 
her green and blooming valleys, constitute a combina- 
tion of the beautiful that can not be excelled. 

When we arrived in Oregon, we more than doubled 
the resident civilized population of the country. J, W. 
Nesmith, our orderly sergeant, made a complete roll of 
the male members of the company capable of bearing 
arms, including all above the age of sixteen years. This 
roll he preserved and produced at the Oregon Pioneers' 
Celebration in June, 1875. I have inspected this roll as 
published in " The Oregonian," and find it correct, except 
in the omission of the name of P. B. Reading, who 
went to California, and including the name of A. L. 
Love joy, who came the year before. 

This roll contained 293 names, 267 of whom arrived 
in Oregon. Of the 26 missing, 6 died on the way, 5 
turned back on Platte River, and 15 went to California. 
He also gives the names of many of the resident male 
population, and estimates their number at 157. John 
M. Shively * made a complete list of all the emigrants 
at the crossing of Kansas River, but that list has unfor- 
tunately been lost. Judge M. P. Deady, in his address 
before the Oregon Pioneers in June, 1875, estimated the 
immigration of 1843, men, women, and children, at nine 
hundred. My own estimate would not be so high. I 

* John M. Shively is an engineer, and a plain, unassuming man, 
but possessed of much greater genuine ability than most people sup- 
posed. Justice has never been done him. He was in Washington 
City in the winter of 1845-46, and was the originator of the project 
of a steamship line from New York to this coast by way of Panama. 



142 RECOLLECTIONS OF AN OLD PIONEER. 

have always estimated the number arriving in Oregon 
as not exceeding eight hundred. 

When we arrived in Oregon we were poor, and our 
teams were so much reduced as to be unfit for service 
until the next spring. Those of us who came by water 
from Walla Walla left our cattle there for the winter ; 
and those who came by water from the Dalles left their 
cattle for the winter at that point. Even if our teams 
had been fit for use when we arrived, they would have 
been of no benefit to us, as we could not bring them to 
the Willamette Valley until the spring of 1844. Pork 
was ten and flour four cents a pound, and other provis- 
ions in proportion. These were high prices considering 
our scanty means and extra appetites. Had it not been 
for the generous kindness of the gentlemen in charge of 
the business of the Hudson's Bay Company, we should 
have suffered much greater privations. The Company 
furnished many of our immigrants with provisions, 
clothing, seed, and other necessaries on credit. This 
was done, in many instances, where the purchasers were 
known to be of doubtful credit. At that time the Com- 
pany had most of the provisions and merchandise in the 
country ; and the trade with our people was, upon the 
whole, a decided loss, so many failing to pay for what 
they had purchased. Many of our immigrants were un- 
worthy of the favors they received, and only returned 
abuse for generosity. 

I remember an example, related to me by Captain 
James Waters, an excellent man, possessed of a kind 
heart, a truthful tongue, and a very patient disposition. 
As before stated, most of our immigrants passed from 
the Dalles to the Cascades on rafts made of dry logs. 
This was not only slow navigation, but their rafts were 
utterly useless after reaching the Cascades ; and they 



DR. JOHN McLOUGHLIN. 143 

were compelled to remain there for some days, before 
they could descend the river to the fort. In the mean 
time their supplies of provisions had been consumed. 
Captain Waters was among the first of our immigrants 
to ari'ive at Vancouver, having no family with him ; 
and he at once applied to Dr. McLoughlin for supples 
of provisions for the immigrants at the Cascades, but 
had nothing wherewith to pay. The Doctor furnished 
the supplies, and also a boat to take them up, with the 
understanding that Captain Waters would navigate the 
vessel, and sell the provisions to the immigrants at Van- 
couver prices. This was done ; but many of the pur- 
chasers never paid, contenting themselves with abus- 
ing the Doctor and the Captain, accusing them of wish- 
ing to speculate upon the necessities of poor immigrants. 
The final result was a considerable loss, which Dr. Mc- 
Loughlin and Captain Waters divided equally between 
them. I met Waters myself with the boat laden with 
provisions going up, as I passed down the river the first 
time ; and there can be no doubt of the truth of his 
statement. 



DR. JOHX MCLOUGHLIN" — JAMES DOUGLAS — POLICY OF 

THE Hudson's bat company in its intercourse 

WITH THE INDIANS. 

Dr. John McLoughlin was one of the greatest and 
most noble philanthropists I ever knew. He was a man 
of superior ability, just in all his dealings, and a faith- 
ful Christian. I never knew a man of the world who 
was more admirable, I never heard him utter a vicious 
sentiment, or applaud a wrongful act. His views and 
acts were formed upon the model of the Christian gen- 
tleman. He was a superior business man, and a pro- 



144 RECOLLECTIONS OF AN OLD riONEER. 

found judge of human nature. He had read a great 
deal, and had learned much from intercourse with intel- 
ligent men. He spoke and wrote French and English 
equally well, having learned both languages while grow- 
ing up from childhood. 

In his position of chief factor of the Hudson's Bay 
Company he had grievous responsibilities imposed upon 
him. He stood between the absent directors and stock- 
holders of the Company and the present suffering immi- 
grants. He witnessed their sufferings ; they did not. 
He was unjustly blamed by many of both parties. It 
was not the business of the Company to deal upon 
credit ; and the manager of its affairs in Oregon was 
suddenly thrown into a new and very embarrassing po- 
sition. How to act, so as to secure the approbation of 
the directors and stockholders in England, and at the 
same time not to disregard the most urgent calls of hu- 
manity, was indeed the great difficulty. No possible^ 
line of conduct could have escaped censure. 

To be placed in such a position was a misfortune 
which only a good man could bear in patience. I was 
assured by Mr. Frank Ermatinger, the manager of the 
Company's store at Oregon City, as well as by others, 
that Dr. McLoughlin had sustained a heavy individual 
loss by his charity to the immigrants. I knew enough 
myself to be certain that these statements were substan- 
tially true. Yet such was the humility of the Doctor 
that he never, to my knowledge, mentioned or alluded 
to any particular act of charity performed by him, I 
was intimate with him, and he never mentioned them to 
me. When I first saw him in 1843, his hair was white. 
He had then been in Oregon about twenty years. He 
was a large, noble-looking old man, of commanding 
ficfure and countenance. His manners were courteous 



JAMES DOUGLAS. 145 

but frank ; and the stranger at once felt at ease in his 
presence. 

Mr. James Douglas (subsequently Sir James, and 
Governor of British Columbia) was a younger man 
than Dr. McLoughlin by some fifteen years. He was a 
man of very superior intelligence, and a finished Chris- 
tian gentleman. His course toward us was noble, pru- 
dent, and generous. I do not think that at that time he 
possessed the knowledge of men that the Doctor did, 
nor was he so great a philanthropist. I regarded him 
as a just and able man, with a conscience and character 
above reproach. In his position of Governor of British 
Columbia, he was censured by Mr. John Nugent of Cali- 
fornia, as I must think, without sufficient reason. Errors 
of judgment Governor Douglas may have committed, as 
almost any man would have done at times in his trying 
position ; but he must have radically changed since I 
knew him, if he knowingly acted improperly. 

It was most fortunate for us that two such noble 
men were managers of the Company at the time of our 
arrival. Our own countrymen had it not in their power 
to aid us efficiently. Many of them were immigrants of 
the preceding season ; others were connected with the 
missions ; and, altogether, they were too few and poor 
to help us much. The Company could not afford to ex- 
tend to succeeding immigrations the same credit they 
did to us. The burden would have been too great. 
This refusal led many to complain, but without suffi- 
cient reason. 

From Dr. McLoughlin and others I learned a great 
deal in reference to the manner in Avhich the business of 
the Company had been conducted. At the time of the 
Doctor's arrival in Oregon, and for many years after- 
ward, the principal inhabitants were Indians, divided 



146 KECOLLECTIONS OF AN OLD PIONEER. 

into various small tribes, speaking different languages. 
These Indians were mainly found upon the Columbia 
and its tributaries, and far outnumbered the hired ser- 
vants of the Company. The task of controlling these 
wild people was one of great delicacy, requiring a 
thorough knowledge of human nature and the greatest 
administrative ability. The Doctor's policy was based 
upon the fundamental idea that all men, civilized or sav- 
age, have an innate love of justice, and will therefore be 
ultimately best satisfied with fair, honest dealing. 

The Company had its various trading-posts located 
at convenient points throughout a vast territory. The 
Indian population being about stationary as to numbers 
and pursuits, it was not very difficult to calculate the 
amount of supplies likely to be required in each year. 
The Company was in the habit of importing one year's 
supply in advance ; so that if a cargo should be lost, its 
customers would not suffer. Its goods were all of su- 
perior quality, purchased on the best terms, and were 
sold at prices both uniform and moderate. Of course, 
prices in the interior were higher than on the seaboard ; 
but they never varied at the same post. The Indians 
knew nothing of the intricate law of demand and sup- 
ply, and could not be made to understand why an arti- 
cle of a given size and quality should be worth more at 
one time than at another in the same place, while the 
material and labor used and employed in its manufac- 
ture were the same. A tariff of prices, once adopted, 
was never changed. The goods were not only of the 
best, but of uniform quality. To secure these results 
the Company had most of its goods manufactured to 
order. The wants of the Indians being very few, their 
purchases were confined to a small variety of articles ; 
and consequently they became the very best judges of 



POLICY OF THE HUDSON'S BAY COMPANY. 147 

the quality of the goods they desu-ed to purchase. No 
one could detect any imperfection in a blanket more 
readily and conclusively than an Oregon Indian. There 
was always kept an ample supply at each post ; so that 
the customers of the Company Avere not driven at any 
time to deal with rival traders, or do without their 
usual supplies. 

It was evident that no successful competition with 
the Company could last long under such circumstances. 
No one could continue to undersell them and make a 
profit ; and the competitor, without profit, must fail. 
The uniform low prices and the good quality of its 
articles pleased the Indians, and the Company secured 
their custom beyond the reach of competition. The 
Company adopted a system that would work out best 
in the end, and, of course, Avas successful. 

In the course of time the Company induced the In- 
dians to throw aside the bow and arrow, and to use the 
gun ; and, as the Company had all the guns and am- 
munition in the country, the Indians became dependent 
upon it for their supplies of these articles. It was the 
great object of the Company to preserve the peace 
among the Indians within the limits of its trading terri- 
tory, not only from motives of pure humanity, but from 
mercantile interest ; as the destruction of the Indians 
was the destruction of its customers, and the consequent 
ruin of its trade. 

When the Indians went to war with each other, the 
Doctor first interposed his mediation, as the common 
friend and equal of both parties. When all other means 
failed, he refused to sell them arms and ammunition, 
saying that it was the business of the Company to sell 
them these articles to kill game with, not to kill each 
other. By kindness, justice, and discreet firmness, the 



148 RECOLLECTIONS OF AN OLD PIONEER. 

Indians were generally kept at peace among them- 
selves. They found it almost impossible to carry on 
war. 

But the task of protecting the servants of the Com- 
pany against the attacks of the Indians was one of still 
greater difficulty. The Doctor impressed the Indians 
with the fact that the Company was simply a mercan- 
tile corporation, whose purpose was only trade with the 
natives ; that its intention was only to appropriate to 
its exclusive use a few sites for its trading-posts and 
small parcels of adjacent lands, sufficient to produce 
supplies for its people ; thus leaving all the remainder 
of the country for the use and in the exclusive posses- 
sion of the Indians ; and that this possession of limited 
amounts of land by the Company would be mutually 
beneficial. Even savages have the native good sense 
to discover the mutual benefits of trade. The Indians 
wanted a market for their furs, and the Company cus- 
tomers for its merchandise. 

It was an inflexible rule with the Doctor never to 
violate his word, whether it was a promise of reward or 
a threat of punishment. There is no vice more detested 
by Indians than a failure to keep one's word, which 
they call lying. If it were a failure to perform a prom- 
ised act beneficial to the Indians themselves, they would 
regard it as a fraud akin to theft ; and, if a failure to 
carry out a threat of punishment, they would consider 
it the result of weakness or cowardice. In either case, 
the party who broke his pledged word would forfeit 
their resj^ect, and in the first case would incur their 
undying resentment. 

To guard against the natural jealousy of the Indians, 
and insure peace between them and the servants of the 
Company, it became necessary to adopt and enforce the 



POLICY OF THE HUDSON'S BAY COMPANY. 149 

most rigid discipline among the latter. This discipline 
was founded upon the great principle that, to avoid 
difficulty" with others, we must first do right ourselves. 
To make this discipline the more efficient, the Doctor 
adopted such measures as substantially to exclude all 
intoxicating liquors from the country. AYhen a crime 
was committed by an Indian, the Doctor made it a rule 
not to hold the xchole tribe responsible for the unauthor- 
ized acts of individuals, but to inflict punishment upon 
the culprit himself. In cases of crime by Indians, the 
Doctor insisted upon just punishment ; and, if the culprit 
escaped for a time, the pursuit was never given up until 
he was captured. In some cases, several years elapsed 
between the date of the crime and that of the capture 
of the fugitive. Certain and just punishment was al- 
ways inflicted upon the criminal. This the Doctor was 
able to accomplish through the Company's agents at the 
different posts, and by negotiation with the leading In- 
dian chiefs, and the offer of rewards for the arrest of 
the fugitive. 

In this manner the Doctor secured and kept the con- 
fidence of the Indians. When he first arrived in Ore- 
gon, and for some time thereafter, whenever boats were 
sent up the Columbia with supplies, a guard of sixty 
armed men was required ; but, in due time, only the 
men necessary to propel the boats were needed. The 
Indians at the different portages were employed and 
paid by the Company to assist in making them. 

The Indians soon saw that the Company was a mere 
trading establishment, confined to a small space of land 
at each post, and was, in point of fact, advantageous 
to themselves. The few Canadian-French who were 
located in the Willamette Valley were mostly, if not 
entirely, connected by marriage with the Indians, the 



150 EECOLLECTIONS OF AN OLD TIONEER. 

Frenchmen having Indian wives, and were considered 
to some extent as a part of their own people. But, when 
we, the American immigrants, came into what the In- 
dians claimed as their own country, we were consider- 
able in numbers ; and we came, not to establish trade 
with the Indians, but to take and settle the country 
exclusively for ourselves. Consequently, we went any- 
where we pleased, settled down without any treaty or 
consultation with the Indians, and occupied our claims 
without their consent and without compensation. This 
difference they very soon understood. Every succeed- 
ing fall they found the white population about doubled, 
and our settlements continually extending, and rapid- 
ly encroaching more and more upon their pasture and 
camas grounds. They saw that we fenced in the best 
lands, excluding their horses from the grass, and our 
hogs ate up their camas. They instinctively saw anni- 
hilation before them. 

As illustrative of the difficulties of Dr. McLough- 
lin's position, I will state the facts of a few cases, as 
they were related to me substantially by the Doctor 
himself. 

The shore of the Columbia River in front of Fort 
Vancouver Avas covered with cobble-stones, which were 
used by the Company as ballast for its returning ships. 
The principal chief of the Indians concluded that the 
Company ought to pay something for these stones ; and 
one day, in the presence of a large crowd of his people 
(assembled, perhaps, for that purpose), he demanded 
payment of the Doctor. Of course, the Doctor was 
taken by surprise, but at once comprehended the situ- 
ation. He knew, if he consented to pay in this case, 
there would be no end to exactions in the future. How 
best to avoid the payment without giving offense was 



INCIDENTS. 151 

the question. He knew that the Indians possessed a 
keen sense of the ridiculous ; and, after reflecting a mo- 
ment, he picked up a cobble-stone, and solemnly offered 
it to the chief, saying, " Eat this." The Indians pres- 
ent at once saw how ridiculous it was to demand pay- 
ment for that which was of no practical value to them, 
and set up a loud shout of derisive laughter. The chief 
was so much ashamed of his silly demand that he 
walked off in silence, and never after that demanded 
payment for things of no value to him. 

While the Company's ships lay at anchor in the 
river opposite the fort, the Doctor occasionally granted 
a written permit to some particular Indian to visit the 
ships. On one occasion he granted such a permit to an 
Indian who was seen by other Indians to go on board, 
but was not seen by them to return, though, in fact, he 
did so return. Within a day or two thereafter, the 
brother of this Indian, being unable to find him, and 
suspecting that he had been enticed on board the ship, 
and either murdered or forcibly imprisoned for the pur- 
pose of abduction, applied to the Doctor for a permit to 
visit the ship. As the Indian concealed his reason for 
asking the permit, the Doctor supposed he was in- 
fluenced by an idle curiosity, and refused the request. 
The Indian returned again for the same purpose, and 
was again refused. He came the third time, with the 
same result. He then concluded that his brother must 
either be imprisoned on the ship, or had been murdered ; 
and he at once resolved upon revenge. In the evening 
of the same day, about an hour before sunset, a shot was 
heard ; and the gardener came running into the fort in 
great terror, with a bullet-hole through the top of his 
hat, saying that an Indian had fired upon him from be- 
hind the garden-fence. The gates of the fort were at 



152 RECOLLECTIONS OF AN OLD PIONEER. 

once closed, and all hands prepared for defense. Upon 
subsequent investigation, the body of the missing In- 
dian was found in the bushes, in the rear of the fort. 
He had evidently fallen down in a fit, and expired where 
his body was found. No attempt was made to punish 
the surviving brother, as he had acted under a very 
natural mistake. 

On one occasion the Indians determined to take 
and sack Fort Vancouver. The plot for this purpose 
was conceived, and in part executed, with consummate 
ability. 

Two of their most powerful chiefs quietly went from 
Fort Vancouver to Nesqualy, a trading-post on Puget's 
Sound, and remained there several days. While there, 
they made themselves minutely acquainted with every- 
thing about the fort. They then sj^eedily returned to 
Fort Vancouver, and at once sought and obtained an 
interview with Dr. McLoughlin and his associates. One 
of the Indians was the speaker, while the other carefully 
watched to see what impression their statements would 
make. The Company's interpreter, a very shrewd Cana- 
dian, was present during the interview. 

The Indians stated that they left Nesqualy at a cer- 
tain time, which was true ; and that the Indians in that 
vicinity had attacked and captured the fort by surprise, 
and had slaughtered all the inhabitants, amounting to a 
certain number of persons, which number they specified 
truly. The Indians were subjected to a severe cross- 
examination without betraying the slightest embarrass- 
ment, and without making any contradictory state- 
ments. When asked how many persons were in the 
fort at the time, what were their several ages, sexes, 
appearances, employments, and the position that each 
occupied in the fort, they invariably gave the correct 



INCIDENTS. 153 

answer. It was impossible to detect any contradictions 
in tlieir statements. All were perfectly consistent, as 
the only falsehood was the alleged fact that Fort Nes- 
qualy had been taken and the people killed. The Doc- 
tor and his associates were greatly perplexed, and left 
in much doubt. The Canadian interpreter was asked 
his opinion, and he replied, " Let me sleep on it one 
night." Next morning he said he did not believe the 
story ; that the Indians were such liars that he could 
not believe them ; that they had before deceived them. 
This view prevailed. 

The object of these Indians was to induce the Com- 
pany to send nearly all its men to Ncsqualy to punish 
the alleged murderers, thus reducing the force at Fort 
Vancouver to such an extent that it could be readily 
taken. These Indians knew, from the invariable prac- 
tice of the Company, that such a crime, if committed, 
would not escape punishment if practicable. If they 
could only make the Doctor believe their narrative, he 
would at once dispatch an ample force to Nesqualy. 

The traders in charge of interior ti-ading-posts were 
often exposed to peril from the Indians. The Company 
could only keep a few men at each post, and the Indians 
at times would become discontented. A rude people, 
depending entirely upon the spontaneous productions 
of nature for a supply of provisions, must often suffer ex- 
treme want. In such a case men become desperate, and 
are easily excited to rash acts. Mr. McKinley told me 
that the Indians on one occasion attempted to rob Fort 
Walla Walla, and were only prevented by the most 
cool, intrepid courage of the people of the post. 



CHAPTER IV. 

ROCKY MOUNTAIN TRAPPERS — THEIR PECULIAR CHARAC- 
TER — BLACK HARRIS — JOSEPH L. MEEK — O. RUSSELL 
ROBERT NEWELL. 

When we arrived in Oregon, we found there a num- 
ber of Rocky Mountain hunters and trappers, who were 
settled in the Willamette Valley, most of them in the 
Tualatin Plains. The invention of the silk hat had ren- 
dered the trapping of beaver less profitable. Besides, 
most of these men had married Indian women, and de- 
sired to settle down for life. They had been too long 
accustomed to frontier life to return to their old homes. 
Oregon offered them the best prospects for the future. 
Here was plenty of land for nothing, and a fine climate. 

These trappers and hunters constituted a very pecu- 
liar class of men. They were kind and genial, brave 
and hospitable, and in regard to serious matters truthful 
and honest. There was no malice in them. They never 
made mischief between neighbor and neighbor. But 
most of them were given to exaggeration when relating 
their Rocky Mountain adventures. They seemed to 
claim the privilege of romance and fable when describ- 
ing these scenes. As exceptions to this rule, I will men- 
tion Judge O, Russell, now living in El Dorado County, 
California, and Robert Newell, now deceased. Their 
statements could be relied upon implicitly. 



ROCKY MOUNTAIN TRAPPERS. 155 

Having been so long accustomed to the idle life of 
the Rocky Mountains, they were not at first pleased 
with the hard work and drudgery of farming. Meek 
told me that soon after their arrival in Oregon they ap- 
jDlied to Dr. McLoughlin to purchase supplies on credit. 
This application the Doctor refused. They still urged 
their request most persistently, and finally asked the 
Doctor what they should do. He replied in a loud 
voice : " Go to work ! go to work ! go to work ! " Meek 
said that was just the thing they did not wish to do. 

The romancing Rocky Mountain trapper would ex- 
ercise his inventive talent to its utmost extent in telling 
the most extraordinary stories of what he claimed he 
had seen, and he that could form the most extravagant 
fiction with a sjDice of plausibility in it was considered 
the greatest wit among them. The love of fame is in- 
herent in the breast of man ; and the first man in a vil- 
lage is just as proud of his position as the first man in a 
city or in an empire. 

I knew in Missouri the celebrated Black Harris, as 
he was familiarly called, and was frequently in his com- 
pany. He, perhaps, invented the most extraordinary 
story of them all, and thenceforward he had no rival. 
He said that on one occasion he was hunting in the 
Rocky Mountains alone, and came in sight of what he 
supposed to be a beautiful grove of green timber ; but, 
when he approached, he found it to be a petrified for- 
est ; and so sudden had been the process of petrifaction 
that the green leaves were all petrified, and the very 
birds that were then singing in the grove were also pet- 
rified in the act of singing, because their mouths were 
still open in their petrified state. This story I did not 
myself hear from Harris, but I learned it from good au- 
thority. „ 



156 RECOLLECTIONS OF AN OLD PIONEER. 

Fi'om these Rocky Mountain trappers I learned some- 
thing in regard to that interesting animal, the beaver. 
Many persons suppose, from the fact that the beaver is 
always found along the streams, that he lives, like the 
otter, on fish. This is a mistake. The beaver lives en- 
tirely upon vegetable food, and for this reason its flesh 
is esteemed a great delicacy. The animal feeds mainly 
upon the bark of the willow-tree, which grows in abun- 
dance along the rich, moist margins of the streams, and 
is a very soft wood, easily cut by the beaver with his 
large, sharp teeth. In countries where the streams 
freeze over in winter, the beaver makes his dam across 
the stream, of mud and bi'ush so intermixed as to make 
the structure safe and solid. In this work he uses his 
fore-paws, not his tail, as some have supposed. The tail 
is used as a propelling and steering power in swimming. 
The object in damming the stream is to deepen the wa- 
ter so that it will not freeze to the bottom, but leave 
plenty of room below the ice for the storage of the 
winter's supply of food. In summer the beaver cuts 
down the green willows, and divides them into logs of 
proper length, so that they can be readily moved. These 
logs are deposited at the bottom of the pond, and kept 
down by mud placed upon them. The willow in its green 
state is almost as heavy as water, and these logs are 
easily sunk and confined to the bottom. On one portion 
of his dam the beaver constructs his house above the 
water, with an entrance from beneath. This gives him 
a Avarm home and safe retreat in winter. 

The mode of trapping tlie beaver is peculiar. The 
trap itself is never baited The animal has in his body 
a secretion something like musk. The trapper finds out 
the home of the beaver, and selects a place on the side 
of the pond where the water is shallow near the shore; 



THE BEAVER. 15Y 

and there, in the edge of the stream, he drives down 
a stake of hard-seasoned wood, which the beaver can 
not cut. To this stake he fastens the chain that is 
attached to the trap, and then sets the trap in water 
some six inches deep. On the shore, exactly opposite 
the trap, he places a bait of the secretion. The beaver 
always swims up the center of the pond ; and when he 
comes immediately opposite the bait he turns at right 
angles and goes straight toward it, but is caught in the 
trap while passing over it. So soon as he feels the trap 
he endeavors to escape, and drags the trap into deep 
water as far as the chain will permit. The steel trap is 
so heavy that the beaver can not possibly swim with it, 
but is confined by its weight to the bottom, and is there 
drowned, as the beaver, like other amphibious animals, 
can remain alive under water only for a limited time. 

The beaver is easily tamed, and makes a very do- 
cile and interesting pet. He is remarkably neat and 
cleanly in his habits, as much so as the domestic cat, 
and almost as much so as the ermine, which never per- 
mits its snow-white covering to be soiled. 

I am not aware that any wild animal, except the 
glutton, ever preys upon the beaver or otter. Their 
terrible teeth are most formidable weapons, and few 
wild animals would venture to attack them. Besides, 
they are covered with a large, loose skin and thick fur, 
so that the teeth of another animal can hardly reach 
a vital part. It is a well-known fact that one otter will 
vanquish a number of large, brave dogs. Every bite 
of the otter leaves a large gash, like that made by the 
huge tusks of the wild boar. 

Among the most noted of these trappers was my 
neighbor and friend, Joseph L. Meek, whose life has 
been written by Mrs. Victor, of Oregon. Meek was a 



158 RECOLLECTIONS OF AN OLD PIONEER. 

tall man, of fine appearance — a most genial, kind, and 
brave spirit. He had in his comiDOsition no malice, no 
envy, and no hatred. I do not remember ever to have 
heard that he had a personal difficulty with any one. In 
relating his Rocky Mountain adventures, he was given, 
like a majority of his comrades, to exaggeration. 

His comrades told a story upon him, which he ad- 
mitted to me was true. A party of them, while in the 
Rocky Mountains, were one day stopping to rest, when 
they saw a band of hostile Indians mounted and charg- 
ing down upon them, at the distance of a few hundred 
yards. Meek and his comrades mounted their animals 
in the hottest haste ; but the fine mule Meek was riding 
became sullen and would not budge. Meek screamed 
out, at the top of his voice : " Boys, stand your ground ! 
We can whip 'em. Stand your ground, boys ! " But 
his comrades were of a different opinion, and were flee- 
ing from the Indians as fast as possible. However, as 
the Indians approached, Meek's mule began to compre- 
hend the situation, changed its mind, and set off at its 
utmost speed in pursuit of its companions. In a short 
time Meek and his mule were alongside of the fleeing 
hunters ; and very soon Meek passed them, whipping 
his mule, and crying out most lustily : *' Come on, boys ! 
We can't fight 'era ! Come on, boys ! come on ! " 

I remember a story Meek told to myself and four 
others, as we were returning from Oregon City to our 
homes in the Tualatin Plains. He said that on one 
occasion he was out hunting by himself, some four hun- 
dred miles from Brown's Cove, in the Rocky Mountains, 
where his company were staying, and that one night 
his horse escaped, leaving hira afoot. He started on 
foot, with his rifle on his shoulder ; but the first day he 
lost the lock of his gun, so that he could kill no game. 



I 



JOSEPH L. MEEK. 159 

The result was, that he walked that long distance, less 
fifteen miles, in eight days, and without anything to eat 
except one thistle-root, and that purged him like medi- 
cine ! He said that toward the end of his trip he would 
often become blind, fall down, and remain unconscious 
for some time ; then recover, and pursue his painful 
journey. At last, in this way, he reached a point within 
fifteen miles of Brown's Cove, where one of his com- 
rades happened to find him, and took him into camp. 

I replied : " That was a most extraordinary adven- 
ture, Joe ; and, while I don't pretend to question your 
veracity in the least, don't you really think you might 
safely fall a snake or two in the distance ?" He de- 
clared it was four hundred miles. " But," said I, " may 
you not be mistaken in the time?" He insisted he 
was only eight days in making the trij^ on foot. " But, 
Joe," I continued, " don't you think you may be mis- 
taken as to the time in this way ? When you had those 
attacks of blindness, fell down, and then came to again, 
don't you think you might have mistaken it for a new 
day ? " He said he was not mistaken. " Then," said I, 
"this thing of walking four hundred miles in eight days, 
with nothing at all to eat, and being physicked into the 
bargain, is the most extraordinary feat ever performed 
by man." He said no man could tell how much he could 
stand until he was forced to try ; and that men were so 
healthy in the Rocky Mountains, and so used to hard 
times, that they could perform wonders. 

Meek was a droll creature, and at times very slovenly 
in his dress. One day in summer I called for him, sit- 
ting on my horse at his yard-fence. He came to the door 
and put his head out, but would not come to the fence, 
because his pantaloons were so torn and ragged. He 
was then sheriff ; and at the next term of our Circuit 



160 RECOLLECTIONS OF AN OLD PIONEER. 

Court I drew up a fictitious indictment against him, 
charging him with notorious public indecency ; had it 
endorsed on the back : " People of Oregon vs. Joseph L. 
Meek. Notorious Public Indecency. A true bill " ; 
and quietly placed it among the real indictments. Very 
soon Meek was looking through the bundle of indict- 
ments, and found this one against himself. He, of 
course, supposed it genuine ; and it would have amused 
an invalid to see the expression of his face. I soon 
told him it was only a joke, which was apparent upon 
the face of the indictment, as it had not the signatures 
of the proper officers. 

On one occasion he came to my house, wearing one 
of the most splendid new white figured-silk vests that I 
had ever seen, while the remainder of his dress was ex- 
ceedingly shabby. He was like a man dressed in a 
magnificent ruffled shirt, broadcloth coat, vest, and pan- 
taloons, and going barefoot. 

The second or third year after my arrival in Oregon, 
and in the month of October, before the rainy season 
set in, I was about to start to Oregon City with a load 
of wheat, to secure a winter's supply of flour, when 
Meek asked me to let him put ten bushels in the wagon, 
and he would go with me. I said all right — that I 
would be at his place the next morning early, with my 
wagon and team, and for him to have his wheat read}^. 
He promised he would. According to my promise, I 
was at his house by eight next morning ; but Meek had 
to run his wheat through the fan, and put it into the 
sacks. The result was that I had to help him ; and it 
was ten by the time we were loaded up. In a great 
hurry, I asked him if he had anything to eat, as I only 
had some bread in the wagon, the only thing I could 
bring. I saw he was rather embarrassed, and said. 



JOSEPH L. MEEK, IQl 

" Have you any meat ? " " No ! " " Have you any but- 
ter ? " " No ! " " What, tlien,.have you ? " " Plenty of 
squashes." I said, "Roll them m." He soon brought 
as many squashes as his long arras and big hands could 
carry, put them into the wagon, and we were off. I 
drove the team and he rode his horse. 

On the way Meek rode ahead of me, and overtook 
Mr. Pomeroy, going to Oregon City with a wagon loaded 
with fresh beef. Meek, in a good-humored, bantering 
way said, " Pomeroy, I have an execution against you, 
and I can not let you take that beef out of this county.'' 
Pomeroy, with equal good humor, rei^lied, " Meek, it is 
a hard case to stop a man on the way to market, where 
he can sell his beef, and get the money to pay his debts." 
" Well," said Meek, " it does look a little hard, but I 
propose a compromise. Burnett and I will have nothing 
to eat to-night but bread and squashes. Now, if you 
will let us have beef enough for supper and breakfast, I 
will let you off," Pomeroy laughed and told Meek to 
help himself. When we encamped about sundown, 
some eight miles from the city, Meek did help himself 
to some choice ribs of beef, and we had a feast, I had 
had nothing to eat since the morning of that day but 
bread ; and I was hungry after my hard drive. I roasted 
the squashes, and Meek the beef ; and we had a splendid 
supper. I found this beef almost equal to buffalo-meat. 
We both ate too much, and Meek complained that his 
supper had given him *' the rotten belches." 

I have already mentioned the name of Judge O. 
Russell as one of the Rocky Mountain men. He is a 
native of the State of Maine, and came to the moun- 
tains when a young man, in pursuit of health. All his 
comrades agreed that he never lost his virtuous habits, 
but always remained true to his principles. He was 



162 RECOLLECTIONS OF AN OLD PIONEER. 

never married. He was at one time one of the Execu- 
tive Committee of our Provisional Government in Ore- 
gon, and most faithfully did he perform his duty. He 
is a man of education and of refined feelings. After 
the discovery of gold he came to the mines, and has 
been engaged in mining in El Dorado County, Califor- 
nia, ever since. 

When in Oregon, he was occasionally a guest at my 
house, and would for hours together entertain us with de- 
scriptions of mountain life and scenery. His descriptive 
powers were fine, and he would talk until a late hour at 
night. My whole family were deeply attentive, and my 
children yet remember the Judge with great pleasure. 
He was always a most welcome guest at my house. 
He did not tell so many extraordinary stories as the 
average Rocky Mountain trapper and hunter ; but those 
he did tell were true. I remember one instance. 

He said that he and a colored man were out hunting 
together on one occasion, and wounded a large grizzly 
bear. A grizzly bear, when wounded, will rush upon 
the hunter if near him ; but, if at a distance from the 
hunter, the animal will retire into thick brush, and 
there conceal himself as well as possible. In this case, 
the bear had crept into a small but thick patch of wil- 
lows, and so concealed himself that the hunters had to 
approach very near before they could obtain a shot. 
The Judge and his comrade, with loaded and cocked 
rifles in hand, separately approached, on different sides, 
almost to the edge of the thicket, when the grizzly, with 
a loud, ferocious cry, suddenly sprang to his feet and 
rushed toward the Judge, and, when within a few feet 
of him, reared upon his hind legs, with his ears thrown 
back, his terrible jaws distended, and his eyes gleaming 
with rage. The Judge said he knew that to retreat 



ROBERT NEWELL. 163 

"was death, and that the only chance was to make a sure 
shot. With the accuracy and courage of a skillful 
hunter, he fired as the bear stood up, and gave him a 
fatal shot through the heart. The bear fell, and the 
colored man came up as pale as a colored man could be, 
and exclaimed, " That was a 'roshus animal ! " 

Robert Newell was a native of the State of Ohio, 
and came to the Rocky Mountains when a young man. 
He was of medium height, stout frame, and fine face. 
He was full of humanity, good will, genial feeling, and 
frankness. He possessed a remarkable memory ; and, 
though slow of speech, his narrations were most inter- 
esting. In his slow, hesitating manner, he would state 
every minute circumstance in its own proper place ; and 
the hearer was most amply compensated in the end for 
his time and patience. I knew him well, and have often 
listened to his simple and graphic description of inci- 
dents that came under his own observation while he was 
in the service of the Missouri Fur Company. I remem- 
ber a very interesting narration which I heard from 
him. I can only give the substance. 

The hired men of the Company were mostl}^ em- 
ployed in trapping beaver and otter. A war grew up 
between the whites and Indians, as usual. It was not 
desirable to the Company, and its manager made efforts 
to secure peace. For this purpose he consulted with 
Newell, and asked him if he would be willing to go as 
a commissioner to the Crow Indians to treat for peace. 
Newell consented, upon condition that he should only 
take with him an interpreter and a cook. 

With these two men Newell boldly made his way to 
the Crow camp. The Indian chiefs assembled in the 
council-lodge, and the orator on the part of the tribe 
brought in a bundle of small sticks. He commenced 



164 RECOLLECTIONS OF AN OLD PIONEER. 

and stated an aggressive wrong against the Crows on 
the part of the whites, and demanded for that a certain 
number of blankets. Having done this, he laid aside 
one stick, and then proceeded to state another grievance 
and to lay aside another stick, and so on until the bundle 
was exhausted. The number of these complaints was 
great, and the amount of merchandise demanded far 
exceeded the ability of the Company to pay. 

Newell said that, while this process was going on, 
he felt himself almost overwhelmed. He could not 
make a detailed statement of wrongs committed by the 
Indians against the whites sufficient to balance this most 
formidable account. Pie had not prepared himself with 
a mass of charges and a bundle of sticks to refresh his 
memory. In this emergency he determined to take a 
bold, frank position, and come directly to the point by 
a short and comprehensive method. When it came to 
his turn to speak, be told the council that he was sent 
as the mere agent of the Company, and was not author- 
ized to enter into any stipulation for payment to either 
party ; that he did not come to count over the wrongs 
committed in the past ; that both parties had done 
wrong often, and it was difficult to say which party 
had been oftenest or most to blame ; that he came to 
bury the past and stipulate for peace in the future, and 
wished to know of them whether they would mutually 
agree to be friends for the time to come. This was 
the best possible ground to be taken, and so pleased the 
assembled chiefs that they entered into a treaty of peace. 

But a very short time after this treaty was made, 
and before Newell and his two men had left, a sad acci- 
dent occurred that wellnigh cost Newell his life. One 
night, before bedtime, the cook had hung a small kettle 
above the fire in Newell's lodge, and had pretty well 



ROBERT NEWELL. 165 

filled it with choice pieces of fat buffalo-meat, with in- 
tent to have a feast. After doing this, the careless 
cook went out, and the kettle boiled over ; and the 
first thing that Newell saw was the fire blazing out at 
the top of the lodge. "When he first saw it, he was at 
the lodge of one of the chiefs, a short distance off. In 
the hurry and confusion of the moment, Newell ran to 
his lodge, seized the kettle, and gave it a sudden sling, 
and it happened to strike an Indian in the face and 
scalded him terribly. The Indian gave a loud scream, 
which at once aroused all the camp. The excitement 
was terrific. The act could not be denied, and the in- 
jury was palpable and most grievous. It was thought 
that both the eyes of the Indian had been put out ; and 
his friends and kindred were vehement and loud in their 
demands for punishment. 

The principal chief at once summoned a council to 
consider the case. The chiefs met in the council-lodge, 
while the people, including men, women, and children, 
squatted in front of the door leaving a narrow passage 
for the prisoner, with his interpreter, to enter the lodge. 
Newell said that as they passed through this enraged 
mass of people they exhibited the utmost hatred against 
him, especially the women, who manifested their intense 
animosity in every way, by word and gesture. In pass- 
ing by them, they would lean away and shrink from 
him, as if his touch was pollution itself. 

When he entered the dimly lighted council-lodge, 
all was grim and profound silence. Not a word was 
spoken, nor a move made, for some time. Then one of 
the chiefs commenced howling like a large wolf, the 
imitation being almost perfect. After he had ceased, 
there was again profound silence for some moments ; 
and then another chief successfully imitated the fierce 



166 RECOLLECTIONS OF AN OLD PIONEER. 

cry of the panther ; and then, after another pause, a 
third chief most energetically imitated the loud cry of 
an enraged grizzly beai\ He said that he had never 
witnessed a scene of terror equal to this. All the chiefs, 
except the principal one, seemed to be his enemies. He 
thought his chance of escape exceedingly small. 

The head chief Avas an old man, of superior native 
intellect, and, though uneducated, he understood human 
nature. He seemed to comprehend the case well. He 
could see no malicious motive for the act. He told 
Newell to state the facts to the council truly, and he 
thought there might be some hope for him. 

Newell, through his interpreter, stated to them all 
the facts as they occurred ; and this just statement and 
Ne well's honest and manly face and frank manner had 
a great effect upon the principal members of the council. 
It was also found that the poor Indian had not been so 
severely hurt as at first supposed, and that his sight was 
not totally destroyed. The council sat nearly all night, 
and then decided to postpone the case until time should 
show the extent of the injury. In the mean time Newell 
and his companions were not allowed to depart, but 
were to be detained until the case should be finally de- 
cided. 

But another painful incident soon occuiTed, that 
seriously imperiled their lives. 

One day an Indian horseman was seen approaching 
the camp rapidly; and, when within some hundred yards, 
he dismounted, rolled up his buffalo-robe, took hold of 
one end of the roll, and slowly and solemnly swung it 
around his head several times ; then he folded it up, 
and sat upon it, and brought both his open hands slowly 
down his face several times in succession. The Indians 
in camp at once understood the sad significance of these 



ARRIVED AT WIND RIVER MOUNTAIN. 167 

signs. They knew that he was a messenger sent to in- 
form them that the small-pox had broken out at another 
camp of their tribe. He would not come near, for fear 
of communicating the disease to them. 

Newell said that he had never witnessed such a scene 
of sorrow as this. The women and children filled the 
camp with their loud wailings and bitter lamentations ; 
and despair sat upon the countenances of the men. The 
Indians were now more fiercely hostile than ever, be- 
cause they believed that this terrible scourge, far worse 
to them than war itself, had been introduced by the 
trappers. They knew that this fell disease was never 
heard of in their country until white men appeared 
among them. They thronged around Newell and his 
comrades, and it seemed that they would slaughter them 
outright. 

But the old chief was equal to the occasion. He at 
once mounted his horse and rode through the camp, 
saying to all that it was useless to weep and lament, 
and ordering the people to pack up at once and be off 
for the Wind River Mountain. This order was instant- 
ly obeyed ; the cries and lamentations at once ceased ; 
and Newell said he never saw lodges so quickly taken 
down and packed up as he did on this occasion. In less 
than one hour the whole camp was on the march to the 
place mentioned. In due time they arrived safely at 
the Wind River Mountain, where the sky was clear, the 
climate cool and healthy, and game abundant. It being 
in midsummer, the deer had followed up the melting 
snows to crop the fresh grass as soon as it sprang up 
just below the snow-line, and to be in a cool atmosphere, 
where the flies would not torment them. Here the In- 
dians recovered from their alarm and excitement. Not 
a case of small-pox appeared in camp. All were healthy 



168 RECOLLECTIONS OF AN OLD PIONEER. 

and had plenty to eat. The poor fellow that was scalded 
recovered in this healthy locality, and was not so serious- 
ly injured as was at first supposed. Newell became 
popular with the Indians, and they at last let him depart 
in peace. 

THE PROVISIONAL GOVERNMENT, 

Soon after my arrival at Linnton, I was consulted as 
to the right of the people of Oregon to organize a pro- 
visional government. At first I gave my opinion against 
it, thinking we had no such right ; but a few weeks' 
reflection satisfied me that we had such right, and that 
necessity required us to exercise it. Communities, as 
well as individuals, have the natural right of self-de- 
fense ; and it is upon this ground that the right to in- 
stitute governments among men must ultimately rest. 
This right of self-preservation is bestowed upon man by 
his Creator. 

We found ourselves placed in a new and very em- 
barrassing position. The right of sovereignty over the 
country was in dispute between the United States and 
Great Britain, and neither country could establish any 
government over us. Our community was composed of 
American citizens and British subjects, occupying the 
same country as neighbors, with all their respective 
national prejudices and attachments, and.so distant from 
the mother-countries as to be to a great extent beyond 
the reach of home influences. We had, therefore, a dif- 
ficult population to govern ; but this fact only rendered 
government the more necessary. 

We also found, by actual experiment, that some po- 
litical government was a necessity. Though political 
government be imperfect, it is Btill a blessing, and ne- 
cessary for the preservation of the race. Without it. 



THE PROVISIONAL GOVERNMENT. 169 

the strongest and most reckless characters in the com- 
munity would be tyrants over the others. The theory 
of the wandering savage, to leave the kindred of the 
murdered victim to revenge his death, would not answer 
for a civilized race of men. The weak and timid, the 
peaceful and conscientious, and those who had no kin- 
dred, could not be protected under such a theory. With- 
out any law but that of individual self-defense, we found 
it impossible to get along in peace. When a person 
died, the worst characters could seize upon his estate 
under some pretense or other, and defeat the just rights 
of defenseless heirs. So long as these violent, bad men 
had only to meet and overcome single individuals, they 
had no fears. It is only when the combined force of a 
whole community is brought to bear upon these despera- 
does that they can be effectually kept in order. 

As we could not, with any exact certainty, anticipate 
the time when the conflicting claims of the two contend- 
ing governments would be settled, we determined to or- 
ganize a provisional government for ourselves. In this 
undertaking our British neighbors ultimately joined us 
with good will, and did their part most faithfully, as 
did our American citizens. 

I was a member of the " Legislative Committee of 
Oregon "of 1844. It was composed of nine members 
elected by the people, and consisted of only one House. 
The year before, the people of Oregon had substantially 
organized a provisional government ; but the organiza- 
tion was imperfect, as is necessarily the case in the be- 
ginning of all human institutions. We improved upon 
their labors, and our successors improved upon ours. 

Our Legislative Committee held two sessions, one in 
June and the other in December of that year, each ses- 
sion lasting only a few days. In our then condition, we 



170 RECOLLECTIONS OF AN OLD PIONEER. 

had but little time to devote to public business. Our 
personal needs were too urgent, and our time too much 
occupied in making a sui:)i3ort for our families. Our 
legislation, however, was ample for the time. There 
was then no printing establishment in Oregon. We 
passed an act in relation to land claims, the first sec- 
tion of which provided that "all persons who have 
heretofore made, or shall hereafter make permanent im- 
provements upon a place, with a bona fide intention of 
occupying and holding the same for himself, and shall 
continue to occupy and cultivate the same, shall be en- 
titled to hold six hundred and forty acres, and shall hold 
only one claim at the same time ; provided, a man may 
hold town lots in addition to his claim." The seventh 
and last section gave all persons complying with the 
provisions of the act " the remedy of forcible entry and 
detainer against intruders, and the action of trespass 
against trespassers." This act was passed June 25, 
1844. It will be seen that the remedy against intruders 
was simple, cheap, quick, and efficient, and well adapted 
to existing circumstances. 

By an act passed June 27, 1844, the executive power 
was vested in a single person, to be elected at the then 
next annual election by the people, and at the annual 
election to be held every two years thereafter, to hold 
his office for the term of two years, and receive an an- 
nual salary of three hundred dollars. By the same act 
the judicial power was vested in the circuit courts and 
in justices of the peace ; and the act provided that one 
judge should be elected by the qualified voters at the 
annual election, who should hold his office for one year, 
and whose duty it was to hold two terms of the Circuit 
Court in each county every year ; and for his services 
he should receive an annual salary of five hundred dol- 



THE TROVISIONAL GOVERNMENT. 171 

lars, and also legal fees for probate business. By the 
same act the legislative power was vested in a House of 
Representatives, composed of members elected annually 
by the peoi^le. 

The first section of the third article of the same 
act was as follows : 

Sectioit 1. All the statute laws of Iowa Territory passed 
at the first session of the Legislative Assembly of said Terri- 
tory, and not of a local character, and not incompatible witli 
the condition and circumstances of this country, shall be the 
law of this government, unless otherwise modified ; and the 
common law of England and principles of equity, not modified 
by the statutes of Iowa or of this government, and not incom- 
patible with its principles, shall constitute a part of the law of 
this land. 

Article V. was in these words : 

Section 1. All officers shall be elected by the people once a 
year, unless otherwise provided, at a general election to be held 
in each county on the first Tuesday in June in each year, at 
such places as shall be designated by the Judge of the Circuit 
Court. 

Sec. 2. As many justices of the peace and constables shall 
be elected from time to time as sliall be deemed necessary by 
the Circuit Court of each county. 

The seventh article fixed the time of holding the 
terms of the circuit courts in the several counties, and 
gave the judge the power to designate the several places 
of holding said terms by giving one month's notice 
thereof. 

We also passed on June 24th an act consisting of 
eight sections, prohibiting the importation, distillation, 
sale, and barter of ardent spirits. For every sale or 
barter the offender was to pay a fine of twenty dol- 



172 RECOLLECTIONS OF AN OLD PIONEER. 

lars ; and for establishing or carrying on a distillery the 
oifender was subject to be indicted before the Circuit 
Court as for a nuisance, and, if convicted, to a fine of 
one hundred dollars ; and it was made the duty of the 
court to issue an order directing the sheriff to seize and 
destroy the distilling apparatus, which order the sheriff 
was bound to execute. 

On June 22d an act containing twenty-six sections 
was passed concerning roads and highways. On De- 
cember 24th an act was passed allowing the voters of 
Oregon at the annual election of 1845 to give their 
votes for or against the call of a convention. 

The following act in relation to Indians was passed 
December 23d : 

Whereas, Tlie Indians inhabiting this country are rapidly di- 
minishing, being now mere remnants of once powerful tribes, 
now disorganized, without government, and so situated that no 
treaty can be regularly made with them ; 

And whereas, By an act passed in July, 1843, this govern- 
ment has shown its humane policy to protect the Indians in 
their rights ; 

A7id whereas, The Indians are not engaged in agriculture, 
and have no use for or right to any tracts, portions, or parcels 
of land, not actually occupied or used by them ; therefore, 

Be it enacted by the Legislative Committee of Oregon as fol- 
lows: 

Section 1. That the Indians shall be protected in the free 
use of such pieces of vacant land as they occupy with their 
villages or other improvements, and such fisheries as they have 
heretofore used. 

Sec. 2. That the executive power be required to see that 
the laws in regard to Indians be faithfully executed ; and that 
whenever the laws shall be violated, the said Executive shall be 
empowered to bring suit in the name of Oregon against such 
wrong-doer in the courts of the country. 



TEE PROVISIONAL GOVERNMENT. 1^3 

An act was passed on June 27th fixing the number 
of members of the next House of Representatives at 
thirteen, and apportioning the representation among the 
then five counties of Oregon. 

All necessary local bills were passed, and our little 
government was put into practical and successful opera- 
tion. Having adopted the general statutes of Iowa and 
the common law, we had a provision for every case 
likely to arise in so small a community. 

At first, the great difficulty was to make our little 
government efficient. Our people honestly differed very 
much in their views as to our right to institute govern- 
ment. In 1843 there were fifty-two affirmative and fifty 
negative votes. There were so many of our people who 
were conscientiously opposed to the organization of any 
government that we found it a delicate matter to use 
force against men whose motives we were sure were 
good. Still, government had to be practically enforced. 

Joseph L. Meek was selected in May or July, 1843, 
for sheriff. He was the very man for the position. He 
was both as brave and as magnanimous as the lion. Do 
his duty he would, peacefully if possible, but forcibly if 
he must. If we had selected a timid or rash man for 
sheriff, we must have failed for a time. To be a gov- 
ernment at all, the laws must be enforced. 

Meek soon had his courage fully tested. A stout 
carpenter named Dawson was engaged in a fight in the 
winter of 1843-44, and a warrant was at once issued 
for his arrest, and placed in Meek's hands to be exe- 
cuted. Dawson was no doubt of opinion that we had no 
right to organize and enforce our government. Meek 
went to Dawson's shop, where he was at work at his 
bench with a jack-plane. Meek walked in, and said 
laughingly, " Dawson, I came for you." Dawson re- 



1Y4 RECOLLECTIONS OF AN OLD PIONEER. 

plied that Meek had come for the wrong man. Meek, 
still laughing, said again, " I came for you," and was 
about to lay his hands on Dawson, when the latter drew 
back with his jack-plane raised to strike. But Meek 
was not only stout, but active and brave ; and, seizing 
the plane, he wrested it by force from Dawson. Daw- 
son at once turned around and picked up his broad-axe; 
but the moment he faced Meek, he found a cocked pis- 
tol at his breast. Meek, still laughing, said ; " Dawson, 
I came for you. Surrender or die ! " Very few men 
will persist under such circumstances ; and Dawson, 
though as brave as most men, began to cry, threw down 
his broad-axe, and went with Meek without further ob- 
jection. Dawson declared that, as he had to submit 
every other man must ; and he was no longer an enemy 
of our government. 

This intrepid performance of his official duty so es- 
tablished Meek's character for true courage in the exer- 
cise of his office that he had little or no trouble in the 
future ; and the authority of our little government was 
thus thoroughly established. 

CONDITION OP THE PEOrLE — HARDSHIPS ENDUEED BY 
THE EARLY SETTLERS. 

We were a small, thinly-settled community, poor, 
and isolated from the civilized world. By the time we 
reached the distant shores of the Pacific, after a slow, 
wearisome journey of about two thousand miles, our 
little means were exhausted, and we had to begin life 
anew, in a new country. The wild game in Oregon was 
scarce and poor. The few deer that are found there sel- 
dom become fat. The wild fowl were plentiful in the 
winter, but they constituted an uncertain reliance for 



COXDITION OF THE PEOPLE. 1Y5 

families settled some distance from theii- usual places of 
resort. Besides, we had no time to liimt them, and the 
weather was generally too wet to admit of it. Had the 
country contained the same amount and variety of wild 
game, wild fruits, and honey as were found in the West- 
ern States at an early day, our condition would have 
been better. But the only wild fruits we found were a 
variety of berries, such as blackberries, raspberries, 
strawberries, blueberries, and cranberries, which were 
not only abundant but of excellent quality. We only 
found one nut in the country, and that was the hazelnut 
in small quantities. There were no wild grapes or 
plums, and no honey. 

For the first two years after our arrival the great dif- 
ficulty was to procure provisions. The population being 
so much increased by each succeeding fall's immigra- 
tion, provisions were necessarily scarce. Those who had 
been there for two years had plenty to eat ; but after 
that the great trouble was to procure clothing, there be- 
ing no raw materials in the country from which domes- 
tic manufactures could be made. We had no wool, cot- 
ton, or flax. 

But, after we had grown wheat and raised pork for 
sale, we had new difiiculties in our way. Our "friends 
were arriving each fall, with jaded teams, just about the 
time the long rainy season set in. The community was 
divided into two classes, old settlers and new, whose 
views and interests clashed very much. Many of the 
new immigrants were childish, most of them discour- 
aged, and all of them more or less embarrassed. Upon 
their arrival they found that those of us who preceded 
them had taken up the choice locations, and they were 
compelled either to take those that were inferior in 
quality or go farther from ship navigation. 



176 RECOLLECTIONS OF AN OLD PIONEER. 

There was necessarily, under the circumstances, a 
great hurry to select claims ; and the new-comers had 
to travel over the country, in the rainy season, in search 
of homes. Their animals being poor, they found it dif- 
ficult to get along as fast as they desired. Many causes 
combined to make them unhappy for the time being. 
The long rainy seasons were new to them, and they pre- 
ferred the snow and frozen ground to the rain and mud. 
There were no hotels in the country, as there was no- 
thing wherewith to pay the bills. The old settlers had 
necessarily to throw open their doors to the new immi- 
grants, and entertain them free of charge. Our houses 
were small log-cabins, and our bedding was scarce. The 
usual mode of travel was for each one to carry his blan- 
kets with him, and sleep upon the puncheon-floor. Our 
families were often overworked in waiting upon others, 
and our provisions vanished before the keen appetites of 
our new guests. " They bred a famine wherever they 
went." 

As illustrative of the then condition of things, I will 
relate an incident which I had from good authority. 
An old acquaintance of mine, whom I had known in 
Missouri, came to Oregon in 1844, and selected a claim 
on the outskirts of the settlements. He was a man of 
fair means, and had a large family. His place was upon 
the mainly traveled route which led to the valleys above 
and beyond him. The consequence was, that he was 
overwhelmed with company. He had to travel many 
miles to secure his supplies, and had to transport them, 
especially in winter, upon pack-animals. He was a man 
of very hospitable disposition ; but the burden was so 
great that he concluded he could not bear it. The trav- 
elers would eat him out of house and home. He deter- 
mined, under the severe pressure of these ch'cumstances, 



HARDSHIPS ENDURED BY THE EARLY SETTLERS. 177 

to put up an hotel-sign. He went into the woods, cut 
down a tree, split out a slab some two feet long and one 
foot wide, shaved it off smooth on both sides with his 
drawing-knife, and wrote upon it with charcoal, " Enter- 
tainment," and swung it upon a pole before his door. 
The result was, that travelers passed by without stop- 
ping, as they had naught wherewith to pay, and were 
too honest to pretend to be able. My friend said that 
for two months he had the greatest relief. His stock 
of provisions lasted much longer, and he was quite easy 
in his circumstances. But at the end of the two months 
he began to be lonesome ; and by the time the third 
month had passed he became so lonely that he took down 
the sign, and after that he had plenty of company. 

Our new immigrants not only grumbled much about 
the country and climate in general, but had also much 
to say against those of us who had written back to our 
friends, giving them a description of the country. In 
the winter of 1843-'44 I had, while at Linnton, written 
some hundred and twenty-five foolscap pages of manu- 
scrijit, giving a description of the journey and of the 
country along the route, as well as of Oregon. I had 
stated the exact truth, to the best of my knowledge, in- 
formation, and belief; and my communications were 
published in the " New York Herald," and were exten- 
sively read, especially in the Western States. I there- 
fore came in for my full share of censure. They ac- 
cused me of misrepresentation. 

In a letter I wrote on the Sweetwater, a tributary of 
the North Fork of the Platte, I stated that, up to that 
point, the road we had traveled was the finest natural 
route, perhaps, in the world. Without any regard to 
the place from which the letter bore date, they construed 
it as a description of the entire route. Consequently, 



178 RECOLLECTIONS OF AN OLD PIONEER. 

whenever they came to any very bad road, they would 
most commonly say, "This is more of Burnett's fine 
road." 

In my communications published in the " Herald," I 
gave as much statistical information as I could well do, 
giving the prices of most kinds of personal property ; 
and, among other articles mentioned, I stated that feath- 
ers were worth 37^ cents a pound. Two or three years 
afterward, the demand having increased faster than the 
supply, the price went up to 62^ cents. I was therefore 
accused of misrepresentation in this case. They would 
say : " Now, Burnett, here is a plain case. You said 
feathers were worth 37^ cents, and we find them worth 
62^." I would answer : " That seems to be too plain a 
case even for a lawyer to get around ; yet I have this 
to say, that I did not assume to act the prophet, but 
only the historian. I told you what the price then was, 
and not what it would be two or three years later." 

I remember that on one occasion, in passing a house 
late in the fall, I saw that a new immigrant family occu- 
pied it, from the fact that it had previously stood vacant ; 
and I determined to call. The lady told me the name 
of th'e State from which they came, gave me other par- 
ticulars in regard to the family, and asked me how long 
I had been in the country. Finally she inquired for my 
name ; and, when I told her it was Burnett, she said : 
" We abused you a great deal on the road. I suppose 
we ought not to have done it, but we did do it." I 
could not but laugh, there was such perfect frankness 
in her statement. It was the whole truth, and no more. 
I said to her : " Madam, that makes no difference. On 
a trip like that some one must be abused, and it is well 
to be some one who is not present." 

I made it a rule never to become irritated, and never 



HARDSHIPS ENDURED BY THE EARLY SETTLERS. 179 

to enter into any heated discussion with them in refer- 
ence to the country or the journey to it. My usual plan 
was to listen kindly to their complaints. They often 
declared that the country was so poor they would re- 
turn to their former homes. In such cases I would 
good-humoredly reply that " misery loved company ; 
that we found ourselves in a bad fix, and wanted our 
friends to come here to comfort us ; that, as to their 
going back, it was out of the question ; that, if the coun- 
try was as poor as they supposed, they would never be 
able to get back ; and, if it was not so bad as they be- 
lieved, they would not wish to return ; and that, any- 
how, we had them just where we wanted them to be, 
and they had better make up their minds to stand it." 

At any public gathering, it was easy to distinguish 
the new from the old settlers. 

They were lank, lean, hungry, and tough ; 
"We were ruddy, ragged, and rough. 

They were dressed in broadcloth, and wore linen- 
bosomed shirts and black cravats, while we wore very 
coarse, patched clothes ; for the art of patching was 
understood to perfection in Oregon. But, while they 
dressed better than we did, we fed better than they. 
Of the two, we were rather the more independent. 
They wanted our provisions, while Ave wanted their 
materials for clothing. They, seeing our ragged condi- 
tion, concluded that if they parted with their jeans, 
satinets, cottons, and calicoes, they would soon be as 
destitute as we were ; and therefore they desired to 
purchase our provisions on credit, and keep their mate- 
rials for future use. This plan did not suit us precisely. 
We reasoned in this way : that, if they wished to place 

themselves in our ruddy condition, they should incur 
9 



180 RECOLLECTIONS OF AN OLD PIONEER. 

the risk of passing into our ragged state — they should 
take the good and bad together. We therefore insist- 
ed upon an exchange. After much grumbling on their 
part, the parties ultimately came to an agreement. But 
in many cases the new immigrants had nothing to give 
in exchange, and we had to sell to them on credit, 

I remember that a new immigrant purchased a place 
in my neighborhood one fall, and in the succeeding 
month of June came to my house and asked me if I had 
any wheat in my garner. I told him I had, but I was 
compelled to purchase some clothing for my family, 
and my wheat was the only thing I had with which I 
could pay for the articles we required ; that I could not 
see how we could do without, or how else to obtain 
them. He said his wife and children were without any- 
thing to eat, and that he had a good growing crop, and 
would give me three bushels after harvest for every 
bushel I would let him have now. I could not with- 
stand such an appeal, and said I would furnish him 
with the wheat, and would only require the same quan- 
tity after harvest. 

But the state of discontent on the part of the new 
immigrants was temporary, and only lasted during the 
winter. In the spring, when the thick clouds cleared 
away, and the grass and flowers sprang up beneath the 
kindling rays of a bright Oregon sun, their spirits re- 
vived with reviving nature ; and by the succeeding fall 
they had themselves become old settlers, and formed a 
part of us, their views and feelings, in the mean time, 
having undergone a total change. 

It was interesting to observe the influence of new 
circumstances upon human character. Among the men 
who went to Oregon the year I did, some were idle, 
worthless young men, too lazy to work at home, and too 



HAKDSniPS ENDURED BY THE EARLY SETTLERS. 181 

genteel to steal ; while some others were gamblers, and 
others were reputed thieves. But when they arrived 
in Oregon they were compelled to work or starve. It 
was a dire necessity. There were there no able rela- 
tives or indulgent friends upon whom the idle could 
quarter themselves, and there was little or nothing for 
the rogues to steal ; and, if they could steal, there was 
no ready way by which thcj could escape into another 
community, and they could not conceal themselves in 
Oregon. I never saw so fine a population, as a whole 
community, as I saw in Oregon most of the time while 
I was there. They were all honest, because there was 
nothing to steal ; they were all sober, because there 
was no liquor to drink ; there were no misers, because 
there was no money to hoard ; and they were all indus- 
trious, because it was work or starve. 

In a community so poor, isolated, and distant, we 
had each one to depend upon his own individual skill 
and labor to make a living. My profession was that of 
the law, but there was nothing in my line worth attend- 
ing to until some time after my arrival in Oregon. I 
was therefore compelled to become a farmer. But I 
had not only to learn how to carry on a farm by my 
own labor, but I had to learn how to do many other 
necessary things that were difficult to do. It was most 
difficult to procure shoes for myself and family. The 
Hudson's Bay Company imported its supply of shoes 
from England, but the stock was wholly inadequate to 
our wants, and we had no money to enable us to pay 
for them ; and as yet there were no tan-yards in opera- 
tion. One was commenced in my neighborhood in 1844, 
but the fall supply of leather was only tanned on the 
outside, leaving a raw streak in the center. It was un- 
dressed, not even curried. Out of this material I made 



182 RECOLLECTIONS OF AN OLD PIONEER. 

shoes for myself, my eldest son, and a young hired man 
who was then living with me. To keep the shoes soft 
enough to wear through the day, it was necessary to 
soak them in water at night. 

My father, in the early settlement of Missouri, was 
accustomed to tan his own leather, and make the shoes 
for the family. In my younger days he had taught me 
how to do coarse sewed work. But now I had to take 
the measure of the foot, make the last, fit the patterns 
to the last, cut out the leathers, and make the shoe. I 
had no last to coj^y from, never made one before, and 
had no one to show me how. I took the measures of 
all the family, and made what I supposed to be eight 
very nice lasts ; and upon them I made the shoes, using 
tanned deer-skin for the females and small boys. The 
shoes were not beautiful, nor all comfortable, as they 
were not all good fits. 

In the fall of 184G my brother William came to Ore- 
gon, and afterward lived with me about nine months. 
He was a good mechanical genius, and could do well 
almost any kind of work. He could make a splendid 
last and a good boot. One day I showed him my lasts. 
He was too generous to wound the feelings of his elder 
brother by criticising his poor work. He said not a 
word, but in a few days thereafter he made a pair of 
right and left lasts for himself. I observed how he did 
it, and the moment the first last was about finished I 
saw that mine were very poor. They were almost flat, 
scarcely turning up at the toe at all. I quietly took my 
lasts and cast them into the fire, and then set to work 
and made an entire new set ; and I never gave up the 
attempt until I succeeded in making not only a good 
last, but a good shoe. 

In the course of about two years we had other tan- 



CHURCH HELD IX A LOG-CABIN". 183 

yards in successful operation, where we could have hides 
tanned on shares. I had in the mean time made a trade 
for a small herd of cattle ; and after this I had an ample 
supply of good leather, and upon that point I was at 
ease. 

The greatest difficulty I had to encounter for the 
want of shoes was in 1844, I had sown some three 
acres of wheat about the first of May, and it was abso- 
lutely necessary to inclose it by the first of June to 
make a crop. I did not commence plowing until about 
the 20th of April. My team was raw, and so was I, 
and it required several days' trial to enable us to do 
good work. While I was engaged in making and haul- 
ing rails to fence in my wheat, my old boots gave out 
entirely, and I had no time to look for a substitute. I 
was worse off than I was when without a hat in Bolivar, 
Tennessee. 

I was determined to save my wheat at any sacrifice, 
and I therefore went barefoot. During the first week 
my feet were very sore ; but after that there came a 
shield over them, so that I could work with great ease, 
and go almost anywhere except among thorns. 

But we had another trouble on our hands. By per- 
mission of a neighbor of ours, a sincere minister, we 
were allowed to occupy temporarily the log-cabin then 
used for a church, upon condition that I would permit 
him to have services there every Sunday. Our minister 
was always regular in his attendance, and the congrega- 
tion consisted of about thirty persons. I could not well 
absent myself from church, as it was my duty to attend. 
I therefore quietly took my seat in one corner of the 
building, where my bare feet would not be much no- 
ticed. The congregation collected, and the services 
went on as usual, with the addition of some church 



184 RECOLLECTIONS OF AN OLD PIONEER. 

business, wliich happened to come up on that occasion. 
The sea-breeze set in early that day, and before the 
church business was finished it became quite cool. Our 
minister was a thin, spare man, very sensitive to cold, 
and requested me to make a fire in the stove. I did 
not hesitate a moment, but went through the congrega- 
tion and made the fire. They wore moccasins, and 
stared at my bare feet as I passed. 

There was no money in the country, and the usual 
currency consisted in orders for merchandise upon the 
stores, or wheat delivered at specified points. Our com- 
munity had an ample opportunity to practically learn 
the value of a sound circulating medium. No one who 
has not had that practical experience can fully appre- 
ciate the true importance of such a medium as a great 
labor-saving device. 

A savage people, who have little or no property to 
sell, and very few wants to gratify, may get along with 
a system of barter. An Indian generally has nothing to 
sell but furs and peltries, and wants nothing in return 
but arms, ammunition, blankets, tobacco, beads, and 
paint. All he wants he can find at one place, and all 
he has to dispose of he can readily bring to the same 
place. But the property of a civilized race of men is so 
various in kind, so large in amount, and the ownership 
and possession change so often, that a good circulating 
medium is a very great if not an absolute necessity. For 
example, a farmer may have a pair of oxen for sale, and 
may want a pair of plow-horses. In case there be no 
circulating medium, he will have great diificulty in 
making an exchange. He may find a number of per- 
sons who have plow-horses for sale, but none of them 
may want his oxen. But should he, after much inquiry 
and loss of time and labor, succeed in finding some one 



AX AMEEICAN MERCHAXT AT OEEGON CITY. 185 

who has a pair of plow-horses to exchange for a pair of 
oxen, most likely there will be a difference in value ; 
and how shall this difference be adjusted ? 

In the course of my practice as a lawyer, I had re- 
ceived orders upon an American merchant at Oregon 
City, until the amount to my credit upon his books was 
forty-nine dollars. I called upon him to take up the 
amount in goods ; and he said to me : " Judge, my 
stock is now very low, and I would suggest to you to 
wait until my new goods shall arrive from Honolulu. I 
am going there to purchase a new supply, and will re- 
turn as soon as I can." I readily assented to this sitg- 
gcstion. 

After waiting about three months I heard he had re- 
turned with his new stock ; and Mrs. Burnett and my- 
self set about making out a memorandum of what we 
wanted. But the great difficulty was to bring our wants 
within our means. After several trials we made up our 
memorandum, consisting mostly of dry-goods, and only 
six pounds of sugar. I went to Oregon City, and at once 
called upon the merchant. I asked him if he had any 
satinets ? None. Any jeans ? None. Any calico ? 
None. Any brown cottons ? None. I then asked 
what he had. He said tools of various kinds, such as 
carpenters' implements and others. He said he feared 
I would think the prices high, as he had to pay high 
prices, and mvist make a little profit upon his purchases. 
This statement no doubt was true. He had purchased 
in a market where the stocks were limited and prices 
high. 

I then made a selection of several implements that I 
had not on my memorandum, which amounted in all to 
about thirteen dollars, and found the prices more than 
double those at Vancouver. I became tired of paying 



186 RECOLLECTIONS OF AN OLD PIONEER. 

such prices for articles I could do without for the time, 
and inquired if he had any brown sugar, and at what 
price. He said plenty, at 12^ cents a pound. This 
was the usual price, and I rej)lied at once that I would 
take the balance in sugar. I went home, knowing that 
we had sugar enough to last for a long time, and that 
we could use Oregon tea. There grows among the fir 
timber of that country a small aromatic vine, which 
makes a very pleasant tea, about as good as the tea 
made from the sassafras-root in the Western States. 

On another occasion, while I was Judge of the Su- 
preme Court, a young hired man, my son Dwight, and 
myself had on our last working-shirts. It was in har- 
vest-time, and where or how to procure others I could 
not tell. Still, I was so accustomed to these things that 
I was not much perplexed. Within a day or two a 
young man of my acquaintance wrote me that he de- 
sired me to unite him in marriage with a young lady, 
whose name he stated. I married them, and he gave 
me an order on a store for five dollars, with which I 
purchased some blue twilled cotton (the best I could 
get), out of which my wife made us each a shirt. The 
material wore well ; but, having been colored with log- 
wood, the shirts, until the color faded from them, left 
our skins quite blue. 

I never felt more independent than I did on one 
occasion, in the fall of 1847. In the streets of Oregon 
City I met a young man with a new and substantial 
leather hunting-shirt, brought from the Rocky Moun- 
tains, where it had been purchased from the Indians. I 
said to him, " What will you take for your leather hunt- 
ing-shirt ? " He replied, " Seven bushels of wheat." I 
said at once, " I will take it." I measured him out the 
grain, and took the article. I knew it would last me for 



ARRIVAL IN OREGON. 187 

several years. I found it a most excellent article of 
dress, in clear weather, for rough work. I wore it to 
the California gold-mines in the fall of 18-48, and after 
my arrival there during most of the winter of 1848-'49. 
A nephew of mine took it with him to the mines in the 
spring of 1849, and it was lost to me. I regretted this 
loss, because I desired to preserve it as a memento of 
old times. It was made of the best dressed buckskin, 
with the flesh side out, to which the dust would not ad- 
here ; and it was easily kept neat and clean, for that 
reason. 

For the first two years after our arrival in Oregon 
we were frequently without any meat for weeks at a 
time, and sometimes without bread, and occasionally 
without both bread and meat at the same time. On 
these occasions, if we had milk, butter, and potatoes, we 
were well content. 

I remember, on one occasion, that several gentlemen 
from Oregon City called at my house in the Plains, and 
we had no bread. I felt pained on my wife's account, 
as I supposed she w^ould be greatly mortified. But she 
put on a cheerful smile, and gave them the best dinner 
she could. Oregon was a fine place for rearing domes- 
tic fowls, and we kept our chickens as a sort of reserve 
fund for emergencies. We had chickens, milk, butter, 
and potatoes for dinner ; and our friends were well 
pleased, and laughed over the fact of our having no 
bread. 

In May, 1815, we were entirely without anything in 
the house for dinner. I did not know what to do, when 
my wife suggested a remedy. The year before we had 
cultivated a small patch of potatoes, and in digging had 
left some in the ground, which had sprung up among 
the young wheat. We dug a mess of these potatoes. 



188 RECOLLECTIONS OF AN OLD PIONEER. 

wHch sufficed us for a meal, though not very good. 
That year I sowed about one acre in turnips, which 
grew to a large size. The vegetables most easily grown 
in new countries are lettuce, turnips, potatoes, and 
squashes. 

The country imiDroved rapidly in proportion to our 
population. The means of education were generally 
limited to ordinary schools. In the course of three or 
four years after my arrival in Oregon, our people had 
so improved their places that we were quite comfort- 
able. There was no aristocracy of wealth and very lit- 
tle vice. I do not think I ever saw a more happy com- 
munity. We had all passed through trials that had 
tested and established our patience ; and our condition 
then was so much better than that of the past that we 
had good cause for our content. Few persons could be 
found to complain of Oregon. 

BECOME A CATHOLIC MY GENERAL RULE AS TO 

CHARGES AGAINST ME. 

In the fall of 1844 a Baptist preacher settled in my 
immediate neighborhood, who had the published debate 
between Campbell and Purcell ; and, as the Catholic 
question was often mentioned, and as I knew so little 
about it, I borrowed and read the book. I had the ut- 
most confidence in the capacity of Mr. Campbell as an 
able debater ; but, while the attentive reading of the 
debate did not convince me of the entire truth of the 
Catholic theory, I was greatly astonished to find that so 
much could be said in its support. On many points, 
and those of great importance, it was clear to my mind 
that Mr. Campbell had been overthrown. Still, there 
were many objections to the Catholic Church, either not 



BECOME A CATHOLIC. 189 

noticed by the Bishop, or not satisfactorily answered ; 
and I arose from the reading of that discussion still a 
Protestant. 

But my thoughts continually recurred to the main 
positions and arguments on both sides, and, the more I 
reflected upon the fundamental positions of the Bishop, 
the more force and power I found them to possess. 
My own reflections often afforded me answers to diffi- 
culties that at first semed insurmountable, until the 
question arose in my mind whether Mr. Campbell had 
done full justice to his side of the question. Many of 
his positions seemed so extreme and ill founded that I 
could not sanction them. All the prejudices I had, if 
any, were in his favor ; but I knew that it was worse 
than idle to indulge prejudices when investigating any 
subject whatever. I was determined to be true to my- 
self, and this could only be in finding the exact truth, 
and following it when known. 

My mind was therefore left in a state of restless 
uncertainty ; and I determined to examine the question 
between Catholics and Protestants thoroughly, so far as 
my limited opportunities and poor abilities would per- 
mit. In the prosecution of this design, I procured ail 
the works on both sides within my reach, and examined 
them alternately side by side. This investigation occu- 
pied all my spare time for about eighteen months. 

After an impartial and calm investigation, I became 
fully convinced of the truth of the Catholic theory, and 
went to Oregon City in June, 1846, to join the Old 
Church. There I found the heroic and saintly Father 
De Vos, who had spent one or more years among the 
Flathead Indians. He received me into the Church. 
The reasons for this change are substantially set forth 
in my work entitled " The Path which led a Protestant 



190 RECOLLECTIONS OF AN OLD PIONEER. 

Lawyer to the Catholic Church," from the preface to 
which the foregoing statement is taken. 

I Avas the only Catholic among my numerous living 
relatives. None of my ancestors on either my paternal 
or maternal side had been Catholics, so far as I knew. 
All my personal friends were either Protestants or non- 
professors, except four : Dr. McLoughlin, Dr. Long, 
and Mr. Pomeroy of Oregon, and Graham L. Hughes of 
St. Louis. Nine tenths of the people of Oregon were 
at that time opposed to my religion. Nearly all the 
Catholics of Oregon were Canadian French, in very 
humble circumstances, many of them being hired me- 
nial servants of the Hudson's Bay Company. I had no 
reason for the change from a popular to an unpopular 
religion but the simple love of truth ; and, as I have so 
long borne whatever of censure may have been heaped 
upon me in consequence of this change, I think I can 
afford to die in the Old Church. 

When I was a young man I was often much con- 
cerned as to what others might think of me ; and at 
times I was deeply pained by what others did say of 
me. In due time, however, and after full consideration 
and more experience, I came to this final conclusion : 
that it was my duty to do what was right in itself, and to 
avoid so far as I could even the appearance of evil ; and 
then, if others wrongfully blamed me, it would be their 
fault, not mine. I saw I could control myself, and was 
therefore responsible for my own conduct ; but I could 
not control others, and was not responsible for their 
actions, so long as I did right myself, and avoided all 
appearance of evil. If I should make myself unhappy 
because other people erred in their judgment of me, 
then my happiness would be within their power and in 
their keeping. I thought it my duty to keep my hap- 



MY RULE AS TO CHARGES AGAINST ME. 191 

piness under my own control so far as I could. I had 
confidence in the good sense and justice of good men, 
and was perfectly willing to await their ultimate deci- 
sion. When I knew I was in the right, I was able and 
prepared to bear the censure even of the wise and good; 
but I "did not hanker after it." 

I never would engage in newspaper controversies or 
personal squabbles. If I was unjustly censured, I paid 
no attention to it, and gave myself no trouble about it. 
In this way I have mainly led a life of peace with my 
fellow men, I have very rarely had the sincerity of 
my motives called in question. The general course of 
the press toward me has been impartial and just. 

I have never claimed to be a liberal man, as many 
people construe that almost indefinable term ; but I 
have scrupulously sought to be just to all men. The 
character of a just man is enough for me. I esteem 
and reasonably desire the approbation of good men ; 
but I love the right more. I can do without the first, 
but not the last. 

But I must depart from my usual course to notice 
certain charges made against me by W. H. Gray in his 
"History of Oregon." My nephew, George H. Bur- 
nett, Esq., of Salem, Oregon, was a guest at my house 
in San Francisco in January, 1878, and mentioned to me 
the fact that such charges had been made. I had never 
seen the work at that time. In May, 1878, I procured 
and read the book, I notice these charges because they 
are in the form of historical facts or opinions. Had 
Mr. Gray made these charges verbally or in a news- 
paper article, I should never have noticed them in any 
form. 



192 RECOLLECTIONS OF AN OLD PIONEER. 



MISSTATEMENTS OF W. H. GRAY. 

On pages 374-'5 Mr. Gray, in speaking of the mem- 
bers of the Legislative Committee of 1844, says : 

Peter H. Burnett was a lawyer from Missouri, who came to 
Oregon to seek his fortune, as well as a religion that would pay 
best and give him the most influence ; which in the Legislative 
Committee was sufficient to induce that body to pay no atten- 
tion to any organic law or principle laid down for the govern- 
ment of the settlements. In fact, he asserted that there were 
no constitutional provisions laid down or adopted by the people 
in genei-al convention at Ohampoeg the year previous. Mr. Bur- 
nett was unquestionably the most intelligent lawyer then in the 
country. He was a very ambitious man — smooth, deceitful, and 
insinuating in his manners. 

As regards the imputation of improper motives to 
me in the above extract, if intended as the assertions 
of fact, such assertions are untrue ; and, if intended 
as expressions of opinions, such opinions are mistaken. 
These charges are made not only without proof, but 
against both the evidence and the fact. 

I went to Oregon for three purposes : 

1. To assist in building up a great American com- 
munity on the Pacific coast. 

2. To restore the health of Mrs, Burnett. 

3. To become able to pay my debts. 

Before I became a believer in the truth of the Chris- 
tian religion, I had sought fortune with avidity ; but, 
after that fundamental change in my views, I ceased to 
pursue riches, and my only business object was to make 
a decent living for my family, and pay what I owed. 
Considering the large amount of my indebtedness, I 
could not have been so visionary as to suppose I could' 



MISSTATEMENTS W. H. GRAY. 193 

accomplish in distant and isolated Oregon more than 
the three objects mentioned. 

As regards my change of religion, and the motives 
which led to it, I have already stated the simple truth. 
At the time I joined the Old Church I was indepen- 
dent in my pecuniary circumstances, so far as a decent 
living was concerned. I had a claim of six hundred and 
forty acres of most excellent land, well improved, and 
well stocked with domestic animals and fowls. With 
the industi'ious and sober habits of myself and family, 
we were secure of a good living. 

As to my influence in the Committee, it could not 
possibly have arisen from any change of religion, for 
these simple and conclusive reasons : that I was then a 
Protestant, without any idea of becoming a Catholic, 
and every member was opposed to the Catholic religion. 
My influence arose from the fact of my qualifications 
and my good character, Waldo, McCarver, Gilmore, 
and Keizer had traveled with me across the Plains, and 
had seen me fully tested in that severe school of human 
nature, Waldo knew me by reputation, and Gilmore 
personally, in Missouri, 

As to the assertion that I was " very ambitious," the 
fact is not correctly stated, I had a reasonable desire 
for distinction, but never so great as to induce me to 
sacrifice my personal independence or compromise my 
true dignity, I never sought any position under the 
provisional government of Oregon, and I do not remem- 
ber to have personally asked any citizen to vote for me, 
I was elected a member of the legislative body in 1844 
and again in 1848, and Judge of the Supreme Court in 
1845, without any serious efforts on my part, I have 
been a candidate before the people six times : once in 
Missouri, twice in Oregon, and three times in California; 



194 RECOLLECTIONS OF AN OLD PIONEER. 

and I was successful in every case. I resigned the office 
of District Attorney in 3Iissouri to go to Oregon in 
1843, and my seat in the Legislature of Oregon in 1848 
to come to California, and the office of Governor of this 
State in January, 1851, when the salary was ten thou- 
sand dollars per annum. I was appointed on the 14th of 
August, 1848, by President Polk, one of the Justices of 
the Supreme Court of the Territory of Oregon. My 
commission did not reach me until the spring of 1849, 
in California. This appointment I declined, as I could 
not accept it and pay my debts. This was done before 
any movement was made to organize a State govern- 
ment in California, and before I had any expectation of 
being Governor. I can safely say that the remark of 
President Jefferson, in regard to the office-holders of 
his time, that " deaths were few and resignations none," 
can not justly apply to me. 

As to the charge of being deceitful, it is the precise 
opposite of the truth. No man of decent manners and 
good character ever called upon me without receiving 
my candid opinion, where I had any mature judgment 
upon the question. I am not a disputatious spirit, ready 
to engage in a wordy quarrel upon any and every sub- 
ject, however trivial ; but in regard to all important 
subjects, on all proper occasions, I am frank to speak 
just what I think. 

As to the falsity of all these charges, I can refer to 
all good men who have known me longest and best. I 
lived in Missouri some twenty-one years, and have re- 
sided in California nearly thirty years, and I appeal to 
all good men who have known me, without regard to 
their religion or place of nativity. 



ORGANIC LAWS OF 1S43. I95 

THE QUESTION WHETHER THERE WERE AXY CONSTITU- 
TIONAL PROVISIONS IN THE LAWS OF 1843 CONSID- 
ERED. 

The Legislative Committee of 1844 did maintain the 
position that there were no constitutional provisions 
adopted by the people at their mass meeting, July 5, 
1843. 

It appears that there were two publications claiming 
to be copies of these laws : one by Charles Saxton, pub- 
lished in 1846, and the other by the compiler of the 
" Oregon Archives" in 1853. (Gray's " Oregon," 352.) 
I shall use the copy giA^en by Mr. Gray, as he ought to 
know best, and which is found in his history, beginning 
on page 353. 

At a meeting of the peoj^le held May 2, 1843, at 
Champoeg, the proposition to establish a provisional 
government was put to vote ; and, upon a division, there 
were found to be fifty-two for and fifty against it. 
(Gray's " Oregon," 279.) 

At that meeting, Robert Moore, David Hill, Robert 
Shortess, Alanson Beers, W. H. Gray, Thomas J. Hub- 
bard, James A. O'Neal, Robert Newell, and William 
Dougherty were chosen to act as a Legislative Commit- 
tee, and instructed to make their report on the 5th of 
July, 1843, at Champoeg. (Gray, 280 -'81.) 

On the 5th of July, 1843, said Committee made their 
report, which was adopted at the mass meeting of citi- 
zens at Champoeg. The question whether there were 
any, and, if so, what constitutional provisions in the laws 
adopted at said meeting, was one that admitted of dis- 
cussion ; but, upon as full a consideration of the subject 
as our limited time and opportunities allowed, we be- 
came satisfied that there were none. 



196 RECOLLECTIONS OF AN OLD PIONEER. 

In their report the Committee say, "The Legisla- 
tive Committee recommend that the following orgcmic 
Imos be adopted." The term organic does not neces- 
sarily mean constitutional ; because, whether the laws 
were constitutional or not, they were equally organic. 
We were aware of the fact that there were no lawyers 
among the members of the Committee, and that there 
were then no law-books in the country, except one copy 
of the Statutes of Iowa ; but we knew that the mem- 
bers were Americans, and that all Americans competent 
to read a newspaper must know that the fundamental 
laws of the United States and of the several States were 
called constitutions ; and hence we supposed that the 
Committee would surely have used the plain, ordinary, 
and appropriate term constitution to designate their 
fundamental law, had they intended it as such. 

But, besides the want of proper language to desig- 
nate a constitution, the nature of the laws themselves 
seemed to show a different intent. From the face of 
the Code, no one could tell where the constitutional 
laws ended and the statutory began. It was either all 
constitution or all statute. All were adopted at the 
same public meeting, and were i-ecommended by the 
same Committee. That Committee " recommended that 
the following organic laios be adopted." Now, what- 
ever laws were recommended by them were all of the 
same character, or they failed to distinguish one por- 
tion from another. There being no mode of amendment 
provided, these laws, if constitutional, could only be 
amended in violation of their own terms ; that is, by 
revolution. If considered as statutory provisions, then 
there was a plain mode of amendment provided in Ar- 
ticle VI., section 2, which enacts that " the legislative 
power shall be vested in a committee of nine persons, 



ORGANIC LAWS OF 1843. I97 

to be elected by the qualified electors at the annual 
election." 

The code goes into the most minute provisions, such 
as fixing the fees of the Recoi'der and Treasurer, and 
for solemnizing marriage. It also contains a militia 
law, and a law on land claims, and a resolution making 
the statute laws of Iowa the law of Oi-egon. Such pro- 
visions, in their very nature, are but statutory. 

Considering the " organic laws " (so named by the 
Committee) as composing a constitution, not amendable 
except by revolution, the Legislative Committee of 18-44 
had nothing to do worth mentioning. In this view it 
was a useless body, constituted for an idle and vain pur- 
pose. We came to the conclusion that our Legislative 
Committee had practical legislative power, and that it 
was our duty to exercise it. While we were not dis- 
posed to make useless changes, we were obliged to 
amend the code in many respects, as will be seen from 
what follows. 

Article VII., section 2 vests " the judicial power in 
a Supreme Court, consisting of the supreme judge and 
two justices of the peace, a Probate Court, and Justice 
Court." If a majority of the persons composing the 
Supreme Court, under this quaint and original theory, 
could make the decision, then the two justices of the 
peace could overrule the Supreme Judge. If, on the 
contrary, it required the unanimous consent of all three, 
then there would often be no decision at all. 

Our Committee amended this by the act of June 27, 
1844. The first section of the second article of that act 
is as follows : " Section 1. The judicial power shall be 
vested in the Circuit Courts and as many justices of the 
peace as shall from time to time be appointed or elected 
according to law." The second section provides for the 



198 RECOLLECTIONS OF AN OLD PIONEER. 

election of one judge, and makes it his duty to hold two 
terms of the Circuit Court in each county, at such times 
and places as shall be directed by law ; and the third 
section fixes the jurisdiction of the Circuit Courts, in- 
cluding probate powers. 

The fifth article of section 2 vested the executive 
I^ower in a committee of three persons. This provi- 
sion was adopted not because it met the approbation of 
the Legislative Committee of 1843, but from necessity, 
as their instructions were against a governor (Gray's 
" Oregon," 349). We repealed this provision, and vest- 
ed the executive power in a single person. 

Aeticle XVII. All male persons of the age of sixteen years 
and upward, and all females of tlie age of fourteen years and 
upward, shall have the right to marry. When eitlier of the 
parties shall be under twenty-one years of age, the consent of 
the parents or guardians of such minors shall be necessary to 
the validity of such matrimonial engagement. Every ordained 
minister of the gospel, of any religious denomination, the su- 
preme judge, and all justices of the peace, are hereby author- 
ized to solemnize marriage according to law, to have the same 
recorded, and pay the recorder's fee. The legal fee for marriage 
shall be one dollar, and for recording fifty cents. 

This extreme law made the marriage of persons un- 
der the age of twenty-one years without the consent of 
their parents or guardians i?ivalid, and therefore void ; 
thus subjecting the young people to the charge and con- 
sequences of living in a state of adultery, and their in- 
nocent children to all the consequences of bastardy. 

Our Committee passed the following act : 

An Act amendatory of the Act regarding Marriage. 

Section 1. That all males of the age of sixteen years and 
upward, and all females of the age of twelve and upward, 



ORGANIC LAWS OF 1843. I99 

shall be deemed competent to enter into the contract of mar- 
riage. 

Sec. 2. That when either of the parties about to enter into 
the marriage union shall be minors, tlie mule under the age of 
twenty-one years, or the female under the age of eighteen, no 
person authorized to solemnize the rites of matrimony shall do 
so without the consent of the parent or guardian of such minor ; 
and in case such person shall solemnize such marriage without 
the consent of the parent or guardian of such minor, he shall be 
liable to pay such parent or guardian the sum of one hundred 
dollars, to be recovered by action of debt or assumpsit before 
the proper court : Provided, however, that the want of such 
consent shall not invalidate such marriage. 

Seo. 3. That all acts and parts of acts coming in conflict 
with this act be and the same are hereby repealed. 

The Legislative Committee of 1843 was properly- 
called a committee, because its duty was to prepare a 
code to be submitted to the mass meeting of citizens 
held on the 5th of July, 1843, for their approval or re- 
jection ; the legislative power being exercised by the 
people themselves on that occasion. But, as already 
stated, the legislative power was vested by the sixth 
article, section 2, of the laws of 1843, in a committee 
of nine persons. To call a legislative body a committee 
was a misnomer ; and we amended that provision by 
vesting the legislative power in a House of Representa- 
tives composed of members elected annually by the peo- 
ple. 

The laws of 1848 made no provision for the support 
of the government, except putting in circulation a sub- 
scrijDtion paper as follows : 

TVe, the subscribers, hereby pledge ourselves to pay annually 
to the Treasurer of Oregon Territory the sum affixed to our re- 
spective names, for defraying the expenses of the government : 
Provided, That in all cases each individual subscriber may at 



200 EECOLLECTIONS OF AN OLD PIONEER. 

any time withdraw his name from said subscription, upon pay- 
ing up all arrearages and notifying the Treasurer of the colony 
of such desire to withdraw. 

Our Committee were fully satisfied that no govern- 
ment could be practically administered without taxa- 
tion ; and we therefore passed a revenue law containing 
twelve sections. 

The law of 1843 in relation to land claims is as fol- 
lows : 

Ahticle I. Any person now holding or hereafter wishing to 
establish a claim to land in this Territory, shall designate the 
extent of his claim by natural boundaries, or by marks at the 
corners and upon the lines of said claim, recorded in tlie office 
of the Territorial Recorder, in a book to be kept by him for 
that purpose, within twenty days from the time of making said 
claim : Provided^ That those who shall be already in posses- 
sion of land shall be allowed one year from the passage of 
this act, to file a description of their claims in the Recorder's 
office. 

Aet. II. All claimants shall, within six months from the 
time of recoi'ding their claims, make permanent improvement 
upon the same, by building or inclosing, and also become occu- 
pant upon ' said claims within one year of the date of said 
record. 

Art. III. No individual shall be allowed to hold a claim of 
more than one square mile, or six hundred and forty acres, in a 
square or oblong form, according to the natural situation of the 
premises, nor shall any individual be able to hold more than one 
claim at the same time. Any person complying with the pro- 
visions of these ordinances shall be entitled to the same process 
against trespass as in other cases provided by law. 

Aet. IV. No person shall be entitled to hold such a claim 
upon city or town lots, extensive water privileges, or other sit- 
uations necessary for the transaction of mercantile or manufac- 
tui-iug operations: Provided, That nothing in these laws shall 
be so construed as to affect any claim of any mission of a reli- 



ORGANIC LAWS OF 1843. 201 

gious character made prior to this time, of an extent not more 
than six miles square. 

Our Committee passed the following act, June 25, 

1844: 

A71 Act in relation to Land Claims. 

Section 1. That all persons who have heretofore made, or 
shall hereafter make, permanent improvements upon a place, 
with a bona fide intention of occupying and holding the same 
for himself, and shall continue to occupy and cultivate the same, 
shall be entitled to hold six hundred and forty acres, and shall 
hold only one claim at the same time: Provided^ A man may 
hold town lots in addition to his claim. 

Sec. 2. That all claims hereafter made shall be in a square 
form, if the nature of the ground shall permit ; and in case the 
situation will not permit, shall bo in an oblong form. 

Sec. 3. That in all cases where claims are already made, and 
in all cases where there are agreed lines between the parties oc- 
cupying adjoining tracts, such claims shall be valid to the extent 
of six hundred and forty acres, although not in a square or ob- 
long form. 

Seo. 4. That in all cases where claims shall hereafter be 
made, such permanent improvements shall be made within two 
months from the time of taking up such claim, and the first 
settler or his successor shall be deemed to hold the prior 
right. 

Sec. 5. Tliat no person shall hold a claim under the pro- 
visions of this act except free males over the age of eighteen, 
who would be entitled to vote if of lawful age, and widows : 
Provided, No married man shall be debarred from holding a 
claim under this act because he is under the age of eighteen. 

Seo. 6. That all laws heretofore passed in regard to land 
claims be and the same are hereby repealed. 

Seo. 7. That all persons complying with the provisions of 
this act shall be deemed in possession to the extent of six hun- 
dred and forty acres or less, as the case may be, and shall have 
the remedy of forcible entry and detainer against intruders, and 
the action of trespass against trespassers. 



202 RECOLLECTIONS OF AN OLD PIONEER. 

On December 24, 1844, we passed the following 
explanatory and amendatory act : 

Section 1. That the word " occupancy," in said act, shall be 
so construed as to require the claimant to either personally 
reside upon his claim himself, or to occupy the same by the 
personal residence of his tenant. 

Sec. 2. That any person shall be authorized to take six hun- 
dred acres of his claim in the prairie, and forty acres in the 
timber, and such parts of his claim need not bo adjoining to 
each other. 

Seo. 3. That when two persons take up their claims jointly, 
not exceeding twelve hundred and eighty acres, they may hold 
the same jointly for the term of one year, by making the im- 
provements required by said act upon any part of said claim, 
and may hold the same longer than one year if they make the 
said improvements within the year upon each six hundred and 
forty acres. 

The land law of 1844 dispensed with recording of 
claims, because, under the then existing condition of 
the country, it was an onerous burden upon the new 
immigrant. The great body of the immigration arrived 
late in the fall, just as the rainy season set in ; and to 
require each locater of a claim to travel from twenty to 
one hundred miles to the Recorder's office, and return 
through an Oregon winter, was indeed a harsh condi- 
tion. Under the land law of 1843 the old settler was 
allowed one year within which to record his claim, 
while the new settlers were only allowed twenty days. 
Besides, recording a claim without a proper survey was 
of very doubtful utility, as parties would be very apt to 
include within their lines more than six hundred and 
forty acres. 

By the land law of 1843, as will be seen, all per- 
sons of every age, sex, or condition, could hold claims. 
If a man had several sons, he could hold one claim for 



OKGANIC LAWS OF 1843. 203 

himself and each of his sons one, though under age ; 
and, as each claimant had six months within which to 
make his improvements, and one year within which to 
become an occupant from the date of the record, the 
act left open the door to speculation and monopoly to 
a grievous extent. A man, having a number of children, 
could record one claim in the name of each child one 
month before the annual arrival of the new immigrants, 
and that record would hold the land for six months ; 
thus forcing the late comers either to go farther for 
locations or purchase these claims of his children. Be- 
sides, this act did not require the locater to make his 
improvements with the bona fide intention of occupying 
and holding the claim for himself, but only required the 
improvements to be made ; thus allowing claims to be 
made for speculative purposes. 

But one of the most objectionable provisions of the 
land law of 1843 was the proviso allowing each mission 
six miles square, or thirty-six sections of land. From 
what Mr. Gray says, page 344, it appears that this pro- 
viso was adopted to gain the support of those con- 
nected with the Methodist and Catholic missions ; as, 
without such support, it was feared the attempt to es- 
tablish a government at that time would fail. The Com- 
mittee of 1843, in their short experience, learned one 
great truth : that civil government is a practical sci- 
ence ; and that, while a true statesman can adapt his 
legislation to existing circumstances, he can not create 
or control them ; and for that reason he is often com- 
pelled to choose between evils, and to support measures 
that his individual judgment will not approve. Our 
Legislative Committee of 1844 were jDlaced in more in- 
dependent circumstances ; and, having no fear of the 

mission influence, we repealed this proviso. 
10 



204 RECOLLECTIONS OF AN OLD PIONEER. 

THE LEGISLATIVE COMMITTEE OF 1844 — MISTAKES OF 
W. H. GKAY. 

On page 383 Mr. Gray, speaking of the Legislative 
Committee of 1844, says : 

"In fact, the whole proceedings seemed only to 
mix up and confuse the people ; so much so that some 
doubted the existence of any legal authority in the 
country, and the leading men of the immigration of 
1843 denounced the organization as a missionary ar- 
rangement to secure the most valuable farming lands 
in the country." 

The writer is correct as to the fact of confusion and 
opposition among the people, but most sadly mistaken 
as to the true cause. It was not the measures passed by 
the Legislative Committee of 1844, but the law of 1843, 
that caused the confusion and oj^jsosition. It is very 
true that many of " the leading men of the immigra- 
tion of 1843 denounced the organization as a mission- 
ary arrangement to secure the best fanning lands in the 
country." They had much apparent reason for their 
opposition, and that reason was found in the laws of 
1843, especially in the proviso allowing each mission 
six miles square, and not in the land law of 1844, which 
repealed this objectionable proviso. Whatever else may 
be said against the laws of 1844, they were plain, sim- 
ple, and consistent as a whole, and could not have pro- 
duced the confusion mentioned. 

The first time I was in Oregon City, to the best of 
my recollection, was when I went there to take my seat 
in the Legislative Committee in June, 1844. Previous 
to that time I do not remember to have seen the laws of 
1843. After all the examination I could give them, I 
saw that no regular and efficient government could be 



TUE LEGISLATIVE COMMITTEE OF 1844. 205 

sustained without a revenue ; that no certain and relia- 
ble revenue could be had without taxation ; that no sys- 
tem of taxation could be enforced unless the great and 
overwhelming majority of the jieople were satisfied with 
the government, and that such majority would not sup- 
port the organization unless they believed they were 
receiving an equivalent in the form of j^rotection for the 
money they paid in the shape of taxes. Many good 
men doubted our legal right to organize any govern- 
ment. Our object was to gain the consent of all good 
men ; and, to do this, we must make good laws. Of 
course, the bad would oppose all government. 

In consulting upon our then condition, we wei'e for 
a time much perplexed to know what peaceable course 
to pursue, in order to secure the consent of all good men 
to our organization. We knew that Americans were 
devotedly attached to two things : land and the privi- 
lege of voting. Our Committee, therefore, passed an 
act to provide by taxation the means necessary to sup- 
port the government, the fourth section of which was as 
follows : " Sec. 4. That any person refusing to pay tax, 
as in this act required, shall have no benefit of the laws 
of Oregon, and shall be disqualified from voting at any 
election in this country." 

By this provision we plainly said to each citizen 
substantially as follows : " If you are not willing to pay 
your proportion of the expenses of this government, you 
can not sue in our courts or vote at our elections, but 
you must remain an outlaw. If any one should squat or 
trespass on your claim, or refuse to pay you what he 
owes, you can have no protection from our organization. 
If you can do without our assistance, we certainly can 
do without yours." 

This provision very soon had its legitimate effect. 



206 RECOLLECTIONS OF AN OLD PIONEER. 

As the elections approached, those who had been op- 
posed began to doubt, and finally yielded. The friends 
of the organization were active, kind, and wise in their 
course toward those opposed. When one opposed to the 
government would state that fact, some friend would 
kindly remind him that his claim was liable to be 
" jumped," and that he could not alone defend his rights 
against the violent and unprincipled ; and that it was a 
desolate and painful condition for a citizen, in a civilized 
community, to be an outlaw. 

After the laws passed by the Legislative Committee 
of 1844 became known, there was no serious opposition 
anywhere. It is my solemn opinion that the organiza- 
tion could not have been kept up under the laws of 
1843. 

On page 375, Mr. Gray, speaking of the Legislative 
Committee of 1844, says : 

" On motion of Mr. Lovejoy (another lawyer), the 
several members were excused from producing their 
credentials." 

This statement is true, so far as it goes ; but, with- 
out the explanatory facts, it might convey a false im- 
pression. The laws of 1843 made no provision as to the 
manner of conducting elections, except by adopting the 
laAvs of Iowa ; and as there was but one copy in the 
country, and this was the first election held in Oregon, 
and as two thirds of the voters were late immigrants, 
the various oflicers of the election knew nothing of their 
duties, and gave no credentials to the members elect ; 
and, of course, they could produce none. We knew that 
we had been fairly elected, and our respective constitu- 
ents also knew the fact, and no one was found to dis- 
pute it ; and, as credentials are only evidence of the fact 
of the election of the person mentioned, we had in this 



THE LEGISLATIVE COMMITTEE OF 1844. 207 

case the next best evidence to prove our election. We 
did the best we could under the circumstances. 

" Such being the composition of the Legislative Com- 
mittee of Oregon in 1844, it is not surprising that in- 
terests of classes and cliques should find advocates, and 
that the absolute wants of the country should be neg- 
lected. The whole time of the session seems to have 
been taken up in the discussion of personal bills." (Page 
378.) 

I find it difiicult to justly characterize this sweeping 
misstatement. 

The two sessions of the Committee of 1844 occu- 
pied together fifteen to seventeen days ; and in that 
time we passed forty-three bills, some of them of con- 
siderable length, and most of them of general impor- 
tance. Among these forty-three acts there were not 
exceeding eight that could be properly termed personal, 
viz. : act granting Hugh Burns a right to keep a public 
ferry ; act authorizing Robert Moore to establish and 
keep a ferry ; act to authorize John McLoughlin to 
construct a canal around the AYillamette Falls ; act for 
the relief of John Connor ; act appointing Jesse Ap- 
plegate engineer ; act authorizing L. H. Judson and 
W. H, Wilson to construct a mill-race in Champoeg 
County ; act amending the several acts regulating fer- 
ries ; act for the relief of J. L. Meek. 

These acts were all just in themselves, and some of 
them of public importance. Public ferries are public 
conveniences. The act to authorize John McLoughlin 
to construct a canal enabled him to bring the water to 
propel his extensive flour-mill, and was of much public 
benefit. The act for the relief of John Connor was a 
short act of one section, remitting a fine and restoring 
him to citizenship. The act appointing Jesse Applegate 



208 RECOLLECTIONS OF AN OLD PIONEER. 

engineer authorized him to survey a route for a canal 
at the expense of J. E. Long, and report the result to 
the next session of the Legislature, The act author- 
izing Judson & Wilson to construct a mill-race was of a 
similar nature to the one in regard to John McLough- 
lin. The act to amend the several acts regulating fer- 
ries simply fixed the rate of toll of the two ferries 
across the Willamette River, at Oregon City. The act 
for the relief of J. L. Meek is a short one, giving him 
further time to finish the collection of the revenue for 
the year 1844. 

The acts of the Legislative Committee of 1844 will 
fill some thirty printed pages, while the laws of 1843 
only occupy seven pages of Gray's " History." If we 
spent a part of our time in the discussion of personal 
bills, we passed but a few of them, and did a large 
amount of other legislative work. 

" The proposed constitutional revision was also strong- 
ly recommended by the Executive Committee, and the 
Legislative Committee went through the farce of calling 
a convention, and increased the number of representa- 
tives, and called it a Legislature." (Page 383.) 

The Executive Committee, in their communication 
to our Committee, dated December 16, 1844, say : 

" We would advise that provision be made by this 
body for the framing and adoption of a constitution 
for Oregon previous to the next annual election, which 
may serve as a more thorough guide to her officers and 
a more firm basis of her laws." 

It will be seen that, while the Executive Committee 
recommended that provision should be made for the 
framing and adoption of a constitution previous to the 
then next annual election, they did not suggest the mode 
in which this should be done. Our Legislative Commit- 



THE LEGISLATIVE COMMITTEE OF 1844. 209 

tee thought that a convention, composed of delegates 
elected by the people for the sole and oyili/ purpose of 
framing the fundamental law, was the American and 
the proper mode. When the people come to choose dele- 
gates to a constitutional convention, they are very apt 
to duly appreciate the great importance of the work to 
be done, and will therefore generally select the best and 
most competent men for that great purpose. The body 
that forms a constitution should have but one task to 
accomplish, for the simple and conclusive reason that 
nothing is more difficult than to frame a good constitu- 
tion. The greatest statesmen and the mightiest intel- 
lects among men have essentially differed as to the true 
theory of a constitution. The members of a constitu- 
tional body should not have their attention distracted 
by ordinary statutory legislation. A perfect constitu- 
tion has never yet been framed, and, most likely, never 
will be. 

"While we could not see the great and immediate 
necessity of a constitution for mere temporary govern- 
ment, we thought that, if the object sought was neces- 
sary at all, then the work should be well and thoroughly 
done, so that our constitution would be an honor to 
our new country. Believing, as we did, that a constitu- 
tional convention was the only appropriate and compe- 
tent body to frame a constitution that would stand the 
test of fair criticism, and be beneficial in its practical 
operation, and not seeing any pressing necessity for im- 
mediate action, we did not go "through the farce of 
calling a convention," as asserted by the author ; but 
we passed the following act, December 24, 1844 : 

Section 1. That the Executive Committee shall, in the man- 
ner prescribed by law for notifying elections in Oregon, notify 
the inhabitants of all the respective counties qualified to vote 



210 RECOLLECTIONS OF AN OLD PIONEER. 

for members of the Legislature at their next annual election, to 
give in their votes for or against the call of a convention. 

Sec. 2. The said votes shall be in open meeting received, 
assorted, and counted, and a true return thereof made to the 
Executive Committee, agreeable to the requisitions of the law 
regulating elections. 

Sec. 3. It shall be the duty of the Executive to lay the re- 
sult of the said vote before the Legislative Committee for their 
information. 

While we had our doubts as to the necessity of a 
constitution for a mere temporary government (which 
we then had every reason to believe would last only a 
year or two), we thought it but just to submit the ques- 
tion of calling a convention to the peoj^le for their deci- 
sion. It is usual to submit such a question to the peo- 
ple, as was lately done in California. 

The treaty of June 15, 1846, between Great Britain 
and the United States, settled the question of sover- 
eignty over Oregon in favor of our country ; and the 
act of Congress creating a Territorial government Avas 
passed August 14, 1848. The treaty was delayed be- 
yond our reasonable expectations ; and the creation of 
a Territorial organization was postponed by the Mexi- 
can war, which war was not foreseen by our Committee 
in December, 1844. 

We did increase the number of representatives from 
nine to thirteen, and we really thought we were moder- 
ate in this respect. According to Mr. Gray's estimate, 
the immigration of 1843 amounted to eight hundred 
and seventy-five persons, and the whole population at 
the end of that year to about twelve hundred people. 
(Pages 360-'61.) If, then, some three hundred and 
twenty-five persons were entitled, under the laws of 
1843, to nine members in the Legislative Committee, 



THE LEGISLATIVE COMMITTEE OF 1844. 211 

how many representatives should twelve hundred have 
had under the law of 1844 ? We only increased the 
number of members from nine to thirteen, when the 
same ratio of representation to population would have 
given us twenty-seven. We did call the law-making 
body of Oregon a Legislature, and left off the word 
" Committee " for reasons already stated. 



CHAPTER V. 

THE ACT IN REGARD TO SLAVERY AND FREE NEGROES 
AND MULATTOES — MISREPRESENTATIONS OF W, H. 
GRAY. 

Mr. Gray, in speaking of the Legislative Commit- 
tee of 1844, says : 

" There was one inhuman act passed by this Legisla- 
tive Committee, which should stamp the names of its 
supporters with disgrace and infamy." (Page 378.) 

" The principal provisions of this bill were, that in 
case a colored man was brought to the country by any 
master of a vessel, he must give bonds to take him 
away again or be fined ; and in case the negro was 
found, or came here from any quarter, the sheriff was 
to catch him and flog him forty lashes at a time, till he 
left the country." (Page 378.) 

"The principles of Burnett's bill made it a crime 
for a white man to bring a negro to the country, and a 
crime for a negro to come voluntarily ; so that in any 
case, if he were found in the country he was guilty of 
a crime, and punishment or slavery was his doom." 
(Page 379.) 

"At the adjourned session in December we find the 
Executive urging the Legislative Committee .... to 
amend their act relative to the corporal punishment of 
the blacks," etc. (Page 379.) 



THE ACT IN REGARD TO SLAVERY. 213 

" To the honor of the country, Peter H. Burnett's 
negro-whipping law was never enforced in a single 
instance against a white or black man, as no officer of 
the provisional government felt it incumbent upon him- 
self to attempt to enforce it." (Page 383.) 

This is all the information given by Mr. Gray as to 
the provisions of this act, and nothing is said as to its 
amendment. The act is as follows : 

An Act in regard to Slavery and Free Negroes and Mulattoes, 
Be it enacted hy the Legislative Committee of Oregon as/olloics : 

Section 1, That slavery and involuntary servitude shall be 
for ever prohibited in Oregon. 

Seo. 2. That in all cases where slaves shall have been, or 
shall hereafter be, brought into Oregon, the owners of such 
slaves respectively shall have the terra of three years from the 
introduction of such slaves to remove them out of the country. 

Seo. 3. That if such owners of slaves shall neglect or re- 
fuse to remove such slaves from the country within the time 
specified in the preceding section, such slaves shall be free. 

Sec. 4. That when any free negro or mulatto shall have 
come to Oregon, he or she (as the case may be), if of the age 
of eighteen or upward, shall remove from and leave the country 
within the term of two years for males and three years for fe- 
males from the passage of this act ; and that if any free negro 
or mulatto shall hereafter come to Oregon, if of the age afore- 
said, he or she shall quit and leave the country within the term 
of two years for males and three years for females from his or 
her arrival in the country. 

Sec. 5. That if such free negro or mulatto be under the age 
aforesaid, the terms of time specified in the preceding section 
shall begin to run when he or she shall arrive at such age. 

Sec. 6. That if any such free negro or mulatto shall fail to 
quit the country as required by this act, he or she may be ar- 
rested upon a warrant issued by some justice of the peace, and, 
if guilty upon trial before such justice, shall receive upon his or 



214 RECOLLECTIONS OF AN OLD PIONEER. 

her bare back not less than twenty nor more than thirty-nine 
stripes, to be inflicted by the constable of the proper county. 

Sec. 7. That if any free negro or mulatto shall fail to quit 
the country within the term of six months after receiving such 
stripes, he or she shall again receive the same punishment once 
in every six months until he or she shall quit the country. 

Sec. 8. That when any slave shall obtain his or her freedom, 
the time specified in the fourth section shall begin to run from 
the time when such freedom shall be obtained. 

united states of ameeioa. 
State of Oregon, \ 

Seoeetaky's Office. ) Salem, Ju?ie 10, 1878. 

I, S. F. Chadwick, Secretary of the State of Oregon, do 
hereby certify that I am the custodian of the Great Seal of the 
State of Oregon. That the foregoing copy of original bill fur 
an act in regard to slavery and free negroes and mulattoes 
passed the Legislative Committee of the Territory of Oregon 
June 26, 1844, has been by me compared with the original biU 
for an act, etc., on file in this office, and said copy is a correct 
transcript therefrom, and of the whole of the said original bill. 
In "witness whereof, I have hereto set my hand 
( "TT^ I and afiixed the Great Seal of the State of Oregon, 
' — v^- ^ t.he day and year above written. 
S. F. CnADwicK, 

Secretary of the State of Oregon. 
, By Thomas B. Jackson, 

Assistant Secretary of State. 

The Executive Committee, in their communication 
to the Legislative Committee, dated December IG, 1844, 
made this recommendation : 

" "We would recommend that the act passed by this 
Assembly in June last, relative to blacks and mulattoes, 
be so amended as to exclude corporal punishment, and 
require bonds for good behavior in its stead," (" Ore- 
gon Laws and Archives," 58.) 



THE ACT IN REGARD TO SLAVERY. 215 

At the December session I introduced the following 
bill, which was passed December 19, 1844 : 

An Act amendatory of an Act passed June 26, 1844, in re- 
gard to slavery and for other fur poses. 
Be it enacted hy the Legislative Committee of Oregon as follows: 

Section 1. That the sixth and seventh sections of said act 
are hereby repealed. 

Sec. 2. That if any such free negro or mulatto shall fail to 
quit and leave the country, as required by the act to which this 
is amendatory, he or she may be arrested upon a warrant issued 
by some justice of the peace ; and if guilty upon trial before 
such justice had, the said justice shall issue his order to any 
ofBcer competent to execute process, directing said officer to 
give ten days' public notice, by at least four written or printed 
advertisements, that he will publicly hire out such free negro 
or mulatto to the lowest bidder, on a day and at a place there- 
in specified. On the day and at the place mentioned in said 
notice, such officer shall expose such free negro or mulatto to 
public hiring ; and the person who will obligate himself to re- 
move such free negro or mulatto from the country for the 
shortest term of service, shall enter into a bond with good and 
sufficient security to Oregon, in a penalty of at least one thou- 
sand dollars, binding himself to remove said negro or mulatto 
out of tbe country within six months after such service shall 
expire; which bond shall be filed in the clerk's office in the 
proper county ; and upon failure to perform the conditions of 
said bond, the attorney prosecuting for Oregon shall commence 
a suit upon a certified copy of such bond in the circuit court 
against such delinquent and his sureties. 

It will be readily seen how much the original act 
differs from Mr. Gray's statement of its substance. 

Not a word is said in the original act about the 
criminality of the master of a vessel in bringing a col- 
ored man into the country. The assertion that " the 
sheriff was to catch the negro and flog him forty lashes 



216 RECOLLECTIONS OF AN OLD TIONEER, 

at a time, until he left the country," is not only untrue, 
but the statement conveys the idea that the sheriff was 
hhnselfio be the sole judge, both as to the guilt of the 
negro and as to how often the fiogging should be re- 
peated. The act, on the contrary, required a judicial 
trial before a justice of the peace, and that the punish- 
ment should only be inflicted in obedience to his order 
by a constable. The general right of appeal to a higher 
court existed in these, as in other cases, under section 
3, Article II., of the " Act regulating the Judiciary and 
for other purposes." 

The statement that the principles of the original act 
" made it a crime for a white man to bring a negro to 
the country " is equally untrue, as will be readily seen. 
A crime is an offense for which the party may be ar- 
rested, tried, convicted, and punished ; and there is no 
provision in the act authorizing the arrest of a white 
man for any act whatever. 

It is perfectly clear that Mr. Gray either willfully 
misrepresented the original act, or attempted to state 
its substance from memory ; and if the latter be true, 
then, as his memory was bad and his prejudices great, 
he misrepresented the measure, and made it much worse 
than it really was. There can be no excuse for the mis- 
representation of an act by a grave historian, especially 
one that he condemns in the harshest language, when 
he has easy access to the act itself. 

But he not only essentially misrepresents the original 
act itself, but entirely ignores the amendatory bill ; and 
does it in such a way as to increase the censure of the 
Legislative Committee of 1844. There are two modes 
of falsehood : false statement of fact, and false suppres- 
sion of the truth. The historian first misrepresents the 
substance of the original act, then informs the reader 



THE ACT IN REGARD TO SLAVERY. 217 

that the Executive urged its amendment, and then sup- 
presses the fact that the act was amended. This mode 
of historical misstatement and suppression left the read- 
er to say to himself, " These men first passed an act con- 
taining objectionable provisions, and then obstinately 
refused to amend, when their attention was urgently 
called to the error." Throughout his history of this 
act, he represents it as unamended and as in full force 
according to its own terms ; and his last words in re- 
gard to it are, that " Burnett's negro- whipping laAv was 
never enforced in a single instance, against a white or 
black man, as no officer of the provisional government 
felt it incumbent upon himself to attempt to enforce 
it." 

It will be seen, by an inspection of the original act 
itself, that it was prospective, and that not a single case 
could possibly arise under it until the exi^iration of two 
years after its passage ; and that no officer was re- 
quired to act until he was commanded to do so by the 
regular warrant or order of a justice of the peace. In 
the mean time, and eighteen months before a single case 
could possibly arise under the act, it was amended by 
the very same body that passed the original bill, and 
at the instance of the very same member who intro- 
duced it. 

An act that is simply prospective, and does not take 
eHeet until two years after the date of its passage, is an 
incomplete measure, liable to be amended at any time 
before it goes into operation ; and, if amended before 
any one suffers any injury from its erroneous provisions, 
those provisions are as if they never had been. It is 
like a bill imperfect when first introduced by a member 
of a legislative body, and so amended by the author, 
before its final passage, as to remove its objectionable 



218 RECOLLECTIONS OF AN OLD PIONEER. 

features. In such case, no sensible man would censure 
the introducer for mistakes he hhnself had corrected. 
All that could be said is, that the second sober thought 
of the member was better than his first hasty thought. 

It was substantially so in this case. In the hurry of 
the June session of 1844 I could not think of any other 
mode of enforcing the act but the one adopted ; but by 
the December session of 1844 I had found another and 
less objectionable remedy, and promptly adopted it. 
This remedy was not the one urged by the Executive 
Committee, as will easily be seen. Neither myself nor 
the other members who voted for the original bill are 
responsible for the objectionable features of the measure 
because we ourselves corrected the error. I maintain as 
true this general proposition : that a person who com- 
mits a mistake, and then corrects it himself, before any 
one suffers in consequence of it, deserves commendation 
rather than censure ; because the act of correction shows 
a love of justice, and a magnanimous willingness to ad- 
mit and correct error. All the intense indignation of 
the historian is, therefore, thrown away upon an imagi- 
nary evil, about which he is as much mistaken as the girl 
that wept over the imaginary death of her imaginary 
infant. 

On page 378 the historian gives, 2^'>'of^ssedly from 
the Journal, the yeas and nays upon the final passage 
of the original bill, as follows : " Yeas, Burnett, Gilmore, 
Keizer, Waldo, Newell, and Mr. Speaker McCarver— 6 ; 
Nays, Love joy and Hill — 2." He then informs us, as al- 
ready stated, that the Executive urged the amendment 
of the act at the December session, 1844 ; and then, on 
pages 380-'3, gives the communication of the Executive 
Committee in full. Now, as he had the Journal before 
him, why did he not follow it up to the short December 



A PROniBITORY LIQUOR LAW. 219 

session, and ascertain wliat the Legislative Committee 
had done, if anything, in regard to amending this act ? 

His history of the proceedings of the Committee of 
1844 is very short ; but, concise as it is, it is full of fla- 
grant misrepresentations. There was one act, however, 
that he afiirmatively approved ; and yet, so great was 
his prejudice, that he wrongfully imputes a bad mo- 
tive for a confessedly good act. He says, on page 379, 
" Mr. Burnett claimed great credit for getting itp a pro- 
hibitory liquor law, and made several speeches in favor 
of sustaining it, that being a pojjular measure among a 
majority of the citizens." 

All our legislation under the provisional government 
was based upon the settled conviction that Oregon would 
be the first American State on the Pacific. "VVe consid- 
ered ourselves as the founders of a new State of the 
great American Union. 

At the time this measure was j^assed, each State had 
the constitutional right to determine Avho should be citi- 
zens, and who residents. Any person born on the soil 
of a State had the natural, moral, and legal right to a 
residence within that State, while conducting himself 
properly ; because the place of one's birth is an acci- 
dental circumstance, over which he can have no control. 
But, for the very reason that every human being has 
the right of domicile in the place of his nativity, he is 
not, as a matter of right, entitled to a residence in an- 
other community. If that other community denies him 
the privilege of such residence, it denies him no right, 
natural or acquired, but only refuses a favor asked. 
The territory of a State belongs to its people, as if they 
constituted one family ; and no one not a native has a 
right to complain that he is not allowed to form one of 
this family. Although every one, under the broad and 



220 RECOLLECTIOXS OF AN OLD PIONEER. 

enlarged principles of law and justice, has the right to 
quit his original domicile at his pleasure, he has not the 
equal right to acquire a new residence in another com- 
munity against its consent. " The bird has the right 
to leave its parent-nest," but has not, for that reason, 
the equal right to occupy the nest of another bird. A 
man may demand his rights, and justly complain when 
they are denied ; but he can not demand favors, and 
can not reasonably complain when they are refused. 

The principle is no doubt correct that when a State, 
for reasons satisfactory to itself, denies the right of suf- 
frage and office to a certain class, it is sometimes the 
best humanity also to deny the privilege of residence. 
If the prejudices or the just reasons of a community are 
so great that they can not or will not trust a certain 
class with those privileges that are indispensable to the 
improvement and elevation of such class, it is most con- 
sistent, in some cases, to refuse that class a residence. 
Placed in a degraded and subordinate political and so- 
cial position, which continually reminds them of their 
inferiority, and of the utter hopelessness of all attempts 
to improve their condition as a class, they are left with- 
out adequate motive to waste their labor for that im- 
provement which, Avhen attained, brings them no reward. 
To have such a class of men in their midst is injurious 
to the dominant class itself, as such a degraded and 
practically defenseless condition offers so many tempta- 
tions to tyrannical abuse. One of the great objections 
to the institution of slavery was its bad influence upon 
the governing race. 

Had I foreseen the civil war, and the changes it has 
produced, I would not have supported such a measure. 
But at the time I did not suppose such changes could 
be brought about ; and the fimdamental error was then 



OPPOSITION TO SLAVERY. £21 

found in the organic laws of Oregon adopted in 1843. 
Ai'ticle IV., section 2, of those laws conferred the right 
to vote and hold office upon every free male descendant 
of a white man, inhabitant of Oregon Territory, of the 
age of twenty-one years and upward. (Gray's "Ore- 
gon," 354.) While the organic laws of 1843 professedly 
admitted all of the disfranchised class to reside in the 
Territory, they were so framed as effectually to exclude 
the better portion ; for surely every intelligent and in- 
dependent man of color would have scorned the pitiful 
boon offered him of a residence under conditions so 
humiliating. 

For years I had been opposed to slavery, as injurious 
to both races. While I resided in Tennessee and Mis- 
souri, there was no discussion upon the subject of manu- 
mitting the slaves in those States. I was not then in 
circumstances that made it proper to discuss the ques- 
tion. But when I arrived in Oregon, the first oppor- 
tunity I had, I voted against slavery while a member of 
the Legislative Committee of 1844, I presided at a 
public meeting at Sacramento City, January 8, 1849, 
that unanimously voted for a resolution opposing slavery 
in California. This was the first public meeting in this 
country that expressed its opposition to that institution. 
A public meeting was held in San Francisco, February 
17, 1849, which endorsed the resolution against slavery 
passed at Sacramento. ("Alta California," February 
22, 1849.) 

As already stated, one of the objects I had in view 
in coming to this coast was to aid in building up a great 
American community on the Pacific ; and, in the enthu- 
siasm of my nature, I was anxious to aid in founding a 
State superior in several respects to those east of the 
Rocky Mountains. I therefore labored to avoid the evils 



222 RECOLLECTIONS OF AN OLD PIONEER. 

of intoxication and of mixed races, one of which was 
disfranchised. 



W. H. GRAY — CRITICISM UPON THE HISTORY OF OREGON, 

It is more charitable to impute Mr. Gray's misrep- 
resentations to inveterate prejudice than to deliberate 
malice. Some men seem to become the slaves of preju- 
dice from long indulgence, until it grows into a chronic 
habit ; and it is about as easy to make an angel of a 
goat as an impartial historian of a prejudiced man. 
His book, in my best judgment, is a bitter, prejudiced, 
sectarian, controversial work, in the form of history ; 
wherein the author acts as historian, controvertist, and 
witness. 

I readily admit that circumstances may place a good 
man in this unpleasant position ; but, if so, he should 
fully comprehend the extreme delicacy of the situation, 
and should rise with the occasion to the dignity of tem- 
perate and impartial history. He should make no 
appeals to prejudice, and should not, in advance, load 
down with derisive epithets those he in his own opinion 
is finally compelled to condemn ; but should err, if at 
all, on the side of charity, and not against it. 

The great Dr. Samviel Johnson, in speaking of Bur- 
net's " History of his own Times," said : " I do not be- 
lieve that Burnet intentionally lied ; but he was so 
much prejudiced that he took no pains to find out the 
truth. He was like a man who resolves to regulate his 
time by a certain watch, but will not inquire whether 
the watch is right or not." (Boswell's " Life of John- 
son," vol. ii., p. 264.) 

I think this opinion applicable to Gray's " History," 
I know he has done myself and the Legislative Commit- 



CRITICISM ON GRAY'S "OREGON." 223 

tee of 1844 great injustice ; and I have every reason to 
believe that he has been equally unjust to others. 

For example, the historian gives the letter of Mr. 
McBean, written at Fort Nez Perces, dated November 
30, 1847, and addressed to the Board of Managers of 
the Hudson's Bay Company at Fort Vancouver, and the 
letters of Mr. Douglas and Mr. Hinman to Governor 
Abernethy (pages 519, 524, and 530). I will give so 
much of these last two letters as may be necessary to 
the point I make : 

FoET Vancouver, December 7, 1847. 

George Abernetuy, Esq. — Sib : Having received inteUi- 
gence last night (on the 4th), by special express from WaUa 
Walla, of the destruction of the missionary settlement at Wailat- 
pu hy the Cayuse Indians of that place, we hasten to commu- 
nicate \h& particulars of that dreadful event, one of the most 
atrocious which darken the annals of Indian crime. . . . 

James Douglas. 

Fort Vancouver, Decemler 4, 1847. 

Mr. George Abernethy — Dear Sib : A Frenchman from 
"Walla Walla arrived at my place on last Saturday, aud informed 
me that he was on his way to Vancouver, and wished me to 
assist in procuring him a canoe immediately. I was very in- 
quisitive to know if there was any difficulty above. He said 
four Frenchmen had died recently, and he wished to get others 
to occupy their places. 

I immediately got him a canoe, and concluded to go in com- 
pany with him in order to get some medicine for the Indians, 
as they were dying off with measles and other diseases very 
fast. I was charged with indifference. They said we were 
killing in not giving them medicines, and I found, if we were 
not exposing our lives, we were our peace, and consequently I 
set out for this place. This side of the Cascades I was made ac- 
quainted with the horrible massacre that took place at Wailatpu 
last Monday. . . . Alaa'ban Hinman. 



22i RECOLLECTIONS OF AN OLD PIONEER. 

The words (" on the 4th ") are put into the letter of 
Mr. Douglas by the historian, to call the attention of his 
readers to the discrepancy in the dates of the two let- 
ters. Upon these two letters he makes the following 
comments, among others (page 531) : 

There is one other fact in connection -with this transaction 
that looks dark on the part of Sir James Douglas. It is shown 
in the dates of the several letters. Mr. Hinman's is dated De- 
cember 4th ; Mr. Douglas's, December 7th, that to the Sand- 
wich Islands, December 9th. Now, between the 4th and 7th 
are three days. In a case of so much importance and professed 
sympathy, as expressed in his letter, how is it that three, or 
even two, days were allowed to pass without sending a dispatch 
informing Governor Abernethy of what had happened, and of 
what was expected to take place ? 

The distance f rom "VVailatpu (Dr. Whitman's mission) 
to Walla Walla (Fort ISTez Perces) was about twenty- 
five miles, and from Walla Walla to Wascopum (Mr. 
Hinman's place at the Dalles) about one hundred and 
forty miles. The massacre took place on the afternoon 
of Monday, November 29, 1847. Mr. McBean states in 
his letter, dated Tuesday, the last day of November, 
1847, that he was first apprised of the massacre early 
that morning by Mr. Hall, who arrived half naked and 
covered with blood. As Mr. Hall started at the outset, 
his information was not satisfactory ; and he (McBean) 
sent his interpreter and another man to the mission. As 
the two messengers had to travel twenty-five miles to 
the mission and the same distance back again, Mr. Mc- 
Bean's letter must have been written late on Tuesday 
night ; and the messenger he sent to Vancouver must 
have left on Wednesday moi'ning, December 1st. This 
messenger must have traveled the one hundred and 
forty miles from Walla Walla to the Dalles on one 



CRITICISM OX GKAY'S "OREGON." 225 

horse, and could not have reached there before late on 
Friday, December 3d. To do this he would have had 
to travel about forty-six miles a day. To go from the 
Dalles to Vancouver in a canoe, and be " wind-bound " 
at Cape Horn (as Mr. Gray states on page 517), in much 
less time than three days, would be very difficult indeed. 
No one knew any better than Mr. Gray the distance 
traveled, and the time it would occupy under the then 
existing circumstances. 

The historian, on page 535, gives the communication 
of Governor Abernethy to the Legislative Assembly of 
Oregon, dated December 8, 1847. How, then, could 
Ml-. Hinman be at Vancouver on Saturday, December 
4, 1847? And, had he written his letter there on that 
day, why did it not reach Governor Abernethy two or 
three days in advance of that of Mi-. Douglas, dated 
December 7th ? But there is on the face of Mr. Hin- 
man's letter itself conclusive evidence that his date, as 
given, is an error. He says : " A Frenchman from 
Walla "Walla arrived at my place on last Saturday." 
Now, if his letter had been correctly dated December 4, 
1847, then the " last Saturday " mentioned would have 
been November 27th, two days before the massacre 
took place. It seems plain that Mr. Hinman and the 
Frenchman arrived at Vancouver Monday evening, De- 
cember 6th, and that Mr. Hinman wrote his letter that 
evening, and Mr. Douglas his the next day, as he states. 
Upon this supposition Mr. Hinman could correctly say, 
" the horrible massacre that took place at Wailatpu last 
Monday." It may be that the figure 6 in Mr. Hinman's 
letter was mistaken for the figure 4 ; or it may have 
been a typographical error in publishing the letter ; or 
Mr. Hinman, in the excitement of the moment, may have 
mistaken the date. That there was a mistake in the 



226 RECOLLECTIONS OF AN OLD PIONEER. 

date of Mr. Hinman's letter, as given by the historian, 
is quite certain. 

Would an impartial historian have made so gross a 
mistake as this against any man of resj^ectable standing, 
whom he accused of the most atrocious crime ? Would 
he have seized upon this discrepancy in dates as evi- 
dence, without careful investigation ? An impartial his- 
torian will put himself on the side of the accused when 
weighing and scrutinizing testimony, however guilty he 
may think him to be. He will not form an o^Dinion that 
the accused is guilty unless he, the impartial historian, 
thinks the good and legitimate evidence amply suffi- 
cient ; and therefore, in his view, he need not rely, eve)i 
in x>aTt, upon false testimony ; and he will be the more 
cautious and careful, in proportion to the gravity of the 
crime charged. The massacre being a most noted event, 
and its date being Monday, November 29th, and Mr. 
Hinman's letter December 4th, it was easy to see that the 
latter day was Saturday. But the historian " was so much 
prejudiced that he took no pains to find out the truth." 

It seems that a public meeting was held in Oregon 
on the 18th of February, 1841, at which a committee 
of nine persons was chosen " to form a constitution and 
draft a code of laws " ; and that the Rev. F. N. Blanchet 
was one of this committee. At an adjourned meeting, 
June 11, 1841, the historian says : 

Eh Jesuitical Eeverence, F. N. Blanchet, was excused from 
serving on the committee, at his own request. The settlers aud 
uninitiated were informed by his reverence that he was unac- 
customed to malve laws for the people, and did not understand 
how to proceed ; while divide and conquer^ the policy adopted 
by the Hudson's Bay Company, was entered into with heart 
and soul by this Reverend Father Blanchet and his associates. 
(Pages 199, 200, and 202.) 



CRITICISM ON GRAY'S "OREGON." 227 

Now, without regard to the question of motive, why- 
should the historian apply derisive epithets to the accused 
at any stage of the inquiry, and more especially before 
the author had submitted his proofs ? In other words, 
would any impartial and enlightened historian seek, by 
the use of such epithets, to prejudice his readers against 
the accused in advance, and before the testimony was 
submitted ? It will be seen that the writer emphasizes 
the phrase " His Jesuitical Heverence,'''' so that the read- 
er might not forget this derisive and bitter expression. 
A decent respect for the feelings of others, as well as 
a due regard to the dignity of history, would have re- 
strained the impartial historian from the use of such 
language at every stage of the investigation. Whenever 
either a good or a bad motive may be plausibly given 
for the same act, the historian is very apt to impute the 
bad motive, as he did in this case. I do not think a sin- 
gle instance can be found in the whole book of G24 pages 
where the author has erred on the side of charity. He 
is not one of those noble and exalted natures that would 
magnanimously state the case more clearly in behalf of 
the accused than the accused would be able to do him- 
self. 

In reference to the act in regard to slavery, free 
negroes, and mulattoes, I find these entries in the jour- 
nal of the House of Representatives, July 1 and 3, 1845 
(" Oregon Laws and Archives," pages 83 and 85) : 

Mr. Garrison introduced a bill to repeal the several acts iu 
regard to negroes in Oregon. . . . 

The House went into Committee of the Whole, Mr, Straight 
in the chair. 

When the Committee rose, the Chairman reported that the 

Committee had had under consideration : 

The bill to divorce M. J. Rice : 
11 



228 RECOLLECTIONS OF AN OLD PIONEER. 

The act to repeal the several acts on slavery ; 

An act to fix the time and place of the sittings of the Legis- 
lature ; 

An act to divorce F. Hathaway ; also, 

The report of the Committee on Revision, vrhich had heen 
adopted. 

Eeport was received ; and the bill to divorce F. Hathaway 
was read a third time, and passed ; also, the bill to divorce M. 
J. Rice ; also, the bill concerning acts on slavery. 

Thus, the act which Mr. Gray asserts could not be 
executed was repealed about one year before it could 
have taken effect in a single case, Mr. Gray being pre- 
sent when the repealing act was passed. The historian 
seems to have had about as vague a conception of the 
matter he was treating as a man with a distorted vision 
would have of the country reiDresented. 

ELECTED JUDGE OP THE SUPREME COURT — STRANGE 
RESOLUTION — JESSE APPLEGATE. 

On the 18th of August, 1845, 1 was elected by the 
House of Representatives Judge of the Supreme Court 
of Oregon. 

On the 4th of December, 1845, the House, on motion 
of Mr. Gray, passed this resolution : 

Resolved, That the Supreme Judge be called upon to inform 
this House whether he had examined the laws enacted by the 
previous Legislature of this Territory ; also, to inform the House 
how many of said laws are incompatible with the organic ar- 
ticles of compact, adopted by the people on the 25th of July 
1845, if any there be. (" Oregon Laws and Archives," 127.) 

To this strange and singular resolution I made a 
firm but respectful answer, declining to decide in ad- 
vance, and before proper cases came up before the 



COMMUNICATIONS FROM TUE SUPREME JUDGE. 229 

Court, whether an entire code of laws was constitutional 
or not. 

On the 12th of December, 1845, the Speaker in- 
formed the House that he had communications from the 
Supreme Judge, which he had been requested to present 
to the House. The communications were read and re- 
ferred to the Committee on the Judiciary. On the same 
day Mr. McCarver, from the Judiciary Committee, re- 
ported back the communications fx-om the Supreme 
Judge, which were then referred to a select committee 
of five, consisting of Messrs. Gray, Hendrick, Garrison, 
McClure, and McCarver. (" Oregon Laws and Archives," 
140-'41.) 

There is no further mention of these communications 
in the Journal, as no report was ever made by this se- 
lect committee. There was not a single lawyer among 
the members of 1845 ; and it is quite probable that this 
committee found it very difficult to coerce a Supreme 
Court to decide questions of law before cases were 
properly brought before it. 

My extracts from the laws of 1844 are taken from 
" Oregon Laws and Archives, by L. F. Grover, Commis- 
sioner," except the act in regard to slavery, and the 4th 
section of the act on ways and means, which latter is 
found in Gray's " Oregon," 395, as part of Dr. White's 
report to the Secretary of War. These two acts are 
not found in Grover's compilation. The act in regard 
to slavery, free negroes, and mulattoes is a certified 
copy from the original on file in the office of the Secre- 
tary of State. My references to the Journals of 1844 
and 1845 are to the same compilation. 

In the summer and early fall of 1846 Jesse Apple- 
gate, at his own expense as I then understood, opened a 
new wagon-road into the Willamette valley at its south- 



230 RECOLLECTIONS OF AN OLD PIONEER. 

ern end. He met tlie emigrants at Fort Hall and in- 
duced a portion of them to come by that route. They 
suffered great hardships before they reached the end of 
their journey. This was caused mainly by their own 
mistakes. Though he was much censured by many of 
them, he was not to blame. He had performed one of 
the most noble and generous acts, and deserved praise 
rather than censure. I traveled with him across the 
Plains in 1843, and I can testify that he was a noble, 
intellectual, and generous man ; and his character was 
so perfect as to bear any and all tests, under any and 
all circumstances. The Hon. J. W. Nesmith, in his ad- 
dress before the Oregon Pioneers in June, 1875, paid a 
glowing tribute to the character of " Uncle Jesse Ap- 
plegate." I knew him long and well, and shall never 
cease to love him so long as I live. 

I left him in Oregon in 1848. He was then a rich 
man, for that time and that country. I did not see him 
again iintil 1872, a period of nearly twenty-four years. 
In the mean time he had become a gray -headed old man. 
He and myself are near the same age, he being about 
two years the younger. One day, without my knowing 
that he was in California, he walked into the Pacific 
Bank in San Francisco. I knew, from the serious ex- 
pression of his face, that he was an old friend ; but, for 
the moment, I could not place him or call his name. 
He was so much affected that his eyes filled with tears, 
and he could not speak. I shook his hand cordially, in- 
vited him to sit down, and sat down by him, looking 
him full in the face one moment, when it came into my 
mind that he was my old friend, and I exclaimed, " Ap- 
plegate ! " and we embraced like brothers. 

We talked about one hour, and in this conversation 
he gave me his history since I left Oregon. He re- 



JESSE APPLEGATE. 231 

moved to the Umi^qua valley ; where for a time he had 
fine lands, stock, and other property. At length he de- 
termined to go into the mercantile business, for which 
he had little or no capacity. Said he : " To make a 
long story short, I did business upon this theory. I 
sold my goods on credit to those who needed them most, 
not to those who were able to pay, lost thirty thousand 
dollars, and quit the business." 

Any one knowing Jesse Applegate as I do would at 
once recognize the truth of this statement. It was just 
like the man. His fine intellect and his experience in 
life said no ; but his generous heart said yes ; and that 
kind heart of his overruled his better judgment. In his 
old age his fortune is gone ; but his true friends only 
admire and love him the more in the hour of misfor- 
tune. 

In starting from Missouri to come to this country in 1843, 
Mr. Applegate announced to his traveling companions, as we 
have been credibly informed, that he meant to drive the Hud- 
son's Bay Company from the country. To reach the country 
independent of them, he had sold or moi'tgaged his cattle to get 
supplies at Walla "Walla. On arriving at Vancouver, he found 
Dr. McLoughlin to be much of a gentleman, and disposed to aid 
him in every way he could. The Doctor advised him to keep 
his cattle, and gave him employment as a surveyor, and credit 
for all he required. This kind treatment closed Mr. Applegate's 
open statements of opposition to the Company, and secured his 
friendship and his influence to keep his Missouri friends from 
doing violence to them. He carried this kind feeling for them 
into the Legislative Committee. (Gray, pages 421-'22.) 

As already stated, a portion of the immigrants of 
1843 left their cattle at Walla Walla. This they did 
under an agreement with Mr. McKinlay, then in charge 
of the fort, that we should have the same number and 



232 RECOLLECTIONS OP AN OLD PIONEER. 

description of cattle in the "Willamette valley, from the 
herds of the Hudson's Bay Company. When we ar- 
rived at Vancouver, Dr. McLoughlin and Mr. Douglas 
candidly stated to us that our American tame cattle 
would suit us much better than the cattle of the Com- 
pany, and they advised us to bring our cattle from 
Walla Walla during the next spring. The same advice 
was given to all the immigrants who left their cattle at 
Walla Walla. We all saw at once that this advice was 
not only generous but practically sound. Mr. Apple- 
gate, as I understood at the time, made the same ar- 
rangement with Mr. McKinlay that others of us did. 
That Mr. Applegate sold or mortgaged his cattle at 
Walla Walla for supplies must be a mistake. He needed 
but little if anything in that line ; and to have mort- 
gaged so many cattle for so small an amount would 
have been the greatest of folly. He could not have 
needed provisions, so far as I can remember, as he must 
have purchased wheat and potatoes from Dr. Whitman, 
like most of us. 

On arriving at Vancouver, Mr. Applegate, no doubt, 
found a very different state of things from what he an- 
ticipated when starting from Missouri. He did find Dr. 
McLoughlin and Mr. Douglas to be much of gentlemen ; 
for it was very difficult indeed for any man, who was 
himself a gentleman, to keep the company of those two 
men, and not find out that they were both gentlemen 
in the true sense of that term. Mr. Applegate no doubt 
concluded that, if these men were really opposed to 
American immigrants, they took the most extraordinary 
method of showing it. That Mr. Applegate purchased 
of the Company at Vancouver some supplies on credit 
is very probable, because he was amply good for all he 
engaged to pay. He was honesty personified, and was 



THE ACT TO PROHIBIT THE SALE OF LIQUOR. 233 

an admirable worker, both as a farmer and surveyor. 
He also had a fine band of American cattle ; and such 
cattle were then the most valuable property in Oregon. 
Jesse Applegate and Daniel Waldo were the owners of 
more cattle than any other two men in our immigration. 

THE ACT TO PKOHIBIT THE INTKODUCTION, MANUFACTURE, 
SALE, AND BARTER OF ARDENT SPIRITS. 

I have already mentioned (page 181) the happy con- 
dition of society in Oregon, and the causes which pro- 
duced it. This only continued until the beginning of 
1847. 

The act of 1844 to prohibit the introduction, manu- 
facture, sale, and barter of ardent spirits was amended 
by the House of Representatives of 1845. The same 
body drew up and submitted to the people, for their 
approval or rejection, a new and amended organic law, 
which was adopted, and which conferred upon the Le- 
gislature the power to pass laws to regulate the intro- 
duction, manufacture, and sale of ardent spirits. This 
amendatory bill was reported by W. H. Gray from the 
Committee on Ways and Means, and was passed De- 
cember 6, 1845, by the following vote : Yeas, Gray, 
Garrison, Hendricks, H. Lee, B. Lee, McClure, and Mc- 
Carver — 7 ; Nays, Foisy, Hill, Straight, and Newell — 4. 
On the 8th a motion to reconsider was lost by the fol- 
lowing tie vote : Yeas, Hendricks, Hill, B. Lee, Smith, 
Straight, and Newell ; nays, Foisy, Gray, Garrison, H. 
Lee, McCarver, and McClure. (Gray's " Oregon," page 
440.) 

The amendatory act is incorrectly given by Mr. Gray 
on pages 440-41, by omitting the first section entirely. 
The first section of the original act was amended by 



234 RECOLLECTIONS OF AN OLD PIONEER. 

inserting the word " give " after the word " barter " in 
two places ; and the second section was amended by in- 
serting the word "give" after the word "barter" in 
one place, and the word "gift" after the word "barter" 
in the second place. 

Section four of the original act was as follows : 

Section 4. That it shall be the duty of all sheriffs, Judges, 
justices of the peace, constables, and other officers, when they 
have reason to believe that this act has been violated, to give 
notice thereof to some justice of the peace or judge of a court, 
who shall immediately issue his warrant and cause the offend- 
ing party to be arrested ; and if such officer has jurisdiction of 
such case, he shall proceed to try such offender without delay, 
and give judgment accordingly; but if such officer have no ju- 
risdiction to try such case, he shall, if the party be guilty, bind 
him over to appear before the next Circuit Court. 

This section was stricken out, and the following in- 
serted in its stead : 

Section 4. "Whenever it shall come to the knowledge of 
any officer of this government, or any private citizen, that any 
kind of spirituous liquors are being distilled or manufactured in 
Oregon, they are hereby authorized and required to proceed to 
the place where such illicit manufacture is known to exist, and 
seize the distilling apparatus, and deliver the same to the near- 
est district judge or justice of the peace, whose duty it shall 
be immediately to issue his warrant, and cause the house and 
premises of the person against whom such warrant shall be is- 
sued to be further searched ; and in case any kind of spirituous 
liquors are found in or about said premises, or any implements 
or apparatus tliat have tlie appearance of having been used or 
constructed for the purpose of manufacturing any kind of spir- 
ituous liquoi's, the officer who shall have been duly authorized 
to execute such warrant shall seize all such apparatus, imple- 
ments, and spirituous liquors, and deliver the same to the judge 
or justice of the peace who issued the said warrant. Said officer 



THE ACT TO PROHIBIT THE SALE OF LIQUOR. 235 

shall also arrest the person or persons in or about whose premi- 
ses Buch apparatus, implements, or spirituous liquors are found, 
and conduct him or them to said judge or justice of the peace, 
whose duty it shall be to proceed against said criminal or crim- 
inals, and dispose of the articles seized according to law. 

It will be readily seen that these amendments radi- 
cally changed the original act, in several most material 
respects. By the amendment to the second section of 
the act, it was made a criminal offense to give away 
ardent spirits. This would prevent the master of a ship 
entering the waters of Oregon from giving his seamen 
their usual daily allowance of liquor while the vessel re- 
mained within our jurisdiction. So, a private citizen, 
without the advice of a physician, could not give the 
article to any one, for any i:)urpose, or under any cir- 
cumstances. 

By the provisions of the fourth section as amended, 
all officers, and even private citizens, were not only au- 
thorized, but required (without any warrant having been 
first issued by a court or judicial officer) to seize the dis- 
tilling apparatus ; and in such case each officer and each 
private citizen was to be himself the judge of both the 
fact and law, so far as the duty to seize the apparatus 
was concerned. This was giving to each individual 
citizen of Oregon a most extraordinary power, and mak- 
ing its exercise obligatory. 

The fifth section of the amendatory act, as given by 
the historian, was as follows : 

Sec. 5. All the fines or penalties recovered under this act 
shall go, one half to the informant and witnesses, and the other 
half to the officers engaged in arresting and trying the crimi- 
nal or criminals ; and it shall be the duty of all officers in whose 
hands such fines and penalties may come, to pay over as di- 
rected in this section. 



236 RECOLLECTIONS OF AN OLD PIONEER. 

This was a most unusual and extraordinary provision. 
To give a portion of the penalty recovered to the infor- 
mant and arresting officer was not very improper ; but 
to give another portion of such penalty to the witnesses 
and judges, thus making them interested in condemning 
the accused, is indeed most extraordinary ; and I apjare- 
hend that such a provision never before occurred in the 
history of legislation among civilized men. The author 
of this fifth section must have had great confidence in 
the power of money. 

These objectionable features were so great, in the 
view of Governor Abernethy, that he recommended a 
revision of the amendatory act, in his message to the 
House of Representatives, December 4, 1846. (Gray, 
442.) 

The House of Representatives, at the December ses- 
sion, 1846, passed an act entitled " An Act to regulate 
the manufacture and sale of wine and distilled spirituous 
liquors." This act Governor Abernethy returned to 
the House with his objections, as set forth in his veto 
message of December 17, 1846. In this message he 
said, among other things : 

The act lying before me is the first act that has in any manner 
attempted to legalize the manufacture and sale of ardent spirits. 
At the session of the Legislature in June, 1844, an act was 
passed entitled " An Act to prevent the introduction, sale, and 
distillation of ardent spirits in Oregon " ; and, as far as my knowl- 
edge extends, the passage of that act gave general satisfaction 
to the great majority of the people throughout the Territory. 
At the session of December, 1845, several amendments were 
proposed to the old law, and passed. The new features given 
to the bill by those amendments did not accord with the views 
of the people ; the insertion of the words " give " and " gift " in 
the first and second sections of the bill, they thought, was taking 
away their rights, as it was considered that a man had a right to 



THE ACT TO PROHIBIT THE SALE OF LIQUOR. 237 

give away his property if he chose. There were several other 
objections to the bill, which I set forth to your honorable body 
in my message. I would therefore recommend that the amend- 
ments passed at the December session of 1845 be repealed ; 
and that the law passed on the 24th of June, 1844, with such al- 
terations as will make it agree with the organic law, if it does 
not agree with it, be again made the law of the land. It is said 
by many that the Legislature has no right to prohibit the intro- 
duction or sale of liquor, and this is probably the strongest 
argument used in defense of your bill. 

The bill was passed over tlie veto of the Governor 
by the following vote : Yeas, Messrs. Boon, Hall, Hem- 
bree, Lounsdale, Loony, Meek, Summers, Straight, T. 
Vault, Williams, and the Speaker — 11 ; Nays, Messrs. 
Chamberlain, McDonald, Newell, Peers, and Dr. W. F. 
Tolmie — 5. 

Mr. Parker, in a public address to the voters of 
Clackamas County, in May, 1846, charged that rum was 
sold at Vancouver contrary to law. This charge was 
based upon rumor. Mr. Douglas, in a communication 
to the "Oregon Spectator," published June 11, 1846, 
among other things says : 

If, with reference to these supplies, Mr. Parker had told his 
hearers that her Majesty's ship Modeste, now stationed at Fort 
Vancouver, had, with other supplies for ship use from the stores 
of the Hudson's Bay Company, received several casks of rum ; 
or, if, referring to the company's own ships, he had stated that 
a small allowance of spirits is daily served out to the creios of the 
company''s vessels, and that other classes of the company's ser- 
vants, according to long-accustomed usage, receive on certain 
rare occasions a similar indulgence, he would have told the plain 
and simple truth, and his statement would not this day have 
been called in question by me. These acts, which I fully admit, 
and would on no account attempt to conceal, can not by the 
fair rules of construction be considered as infringing upon any 



238 RECOLLECTIONS OF AN OLD PIONEER. 

law recognized by the compact which we have agreed to support, 
in common with the other inhabitants of Oregon. (Gray, 447.) 

It seems perfectly plain from Mr. Gray's own his- 
tory, that the final overthrow of this measure was main- 
ly brought about by the following causes : 

1. The extremely harsh and erroneous amendments 
of 1845. 

2. The mistake of the same body in using the word 
" regulate " instead of " prohibit " in the organic law 
of that year. 

3. The sale of rum to the Modeste by the Hudson's 
Bay Company. 

This last act, however excusable it may be consid- 
ered under the then existing circumstances, gave the 
opponents a plausible ground of objection. 

That the original act was approved by the peoj^le is 
shown by the following extract from the message of 
Governor Abernethy, dated February 5, 1849 : 

The proposed amendments to the organic law will come be- 
fore you for final action : to amend the oath of office, to make 
the clerks of the different counties recorders of land claims, etc., 
and to strike out the word " regulate " and insert the word 
"prohibit" in the clause relating to the sale of ardent spirits. 
The last amendment came before the people for a direct vote, 
and I am happy to say that the people of this Territory decided 
through the ballot-box, by a majority of the votes given, that 
the word " prohibit " should be inserted. This makes the ques- 
tion a very easy one for you to decide upon. (" Oregon Laws 
and Archives," pages 273-'4.) 

Jesse Applegate was a member of the House of 
Representatives in 1845, but his name does not appear 
as voting upon the final passage of the amendatory bill, 
he having previously resigned his seat. 



TREATY or JUNE 15, 1846. 239 



TEEATT OF JUNE 15, 18-i6 — POLICY OF THE HUDSOn's 
BAT COMPANY H. A. G. LEE INDIAN CHARACTER, 

On the 15th of June, 184G, a treaty was concluded 
between Great Britain and the United States, which ac- 
knowledged the sovereignty of our country over that 
portion of Oregon lying south of the 49th parallel of 
north latitude. This was known in Oregon as early as 
December of that year, as the fact is mentioned in Gov- 
ernor Abernethy's message, dated December 1, 1846. 
(" Oregon Laws and Archives," 158.) 

The final settlement of the conflicting claims of the 
two governments in this manner did not surprise any 
sensible man in Oregon, so far as I remember. It was 
what we had every reason to expect. We knew, to a 
moral certainty, that the moment we brought our fami- 
lies, cattle, teams, and loaded wagons to the banks of 
the Columbia River in 1843, the question was practi- 
cally decided in our favor. Oregon was not only acces- 
sible by land from our contiguous territory, but we had 
any desirable number of brave, hardy people who were 
fond of adventure, and perfectly at home in the settle- 
ment of new countries. We could bring into the coun- 
try ten immigrants for every colonist Great Britain 
could induce to settle there. We were masters of the 
situation, and fully comprehended our position. This 
the gentlemen of the Company understood as well as 
we did. In repeated conversations with Dr. McLough- 
lin, soon after my arrival in Oregon, he assured me that 
he had for some years been convinced that Oregon was 
destined soon to be occupied by a civilized people. 
The reasons for this conclusion were most obvious. 
The country, with its fertile soil, extensive valleys, 



240 RECOLLECTIONS OF AN OLD PIONEER. 

magnificent forests, and mild climate, was admirably 
fitted for a civilized and dense population. Its local 
position on the shores of the Pacific marked it as a fit 
abode for a cultivated race of men. Besides, the na- 
tives had almost entirely disappeared from the lower 
section of Oregon. Only a small and diseased remnant 
was left. 

The colonization of the country, either by British or 
Americans, would equally destroy the fur-trade, the 
only legitimate business of the Company. No doubt 
the gentlemen connected with that Company thought 
the title of their own government to Oregon was supe- 
rior to ours ; while we Americans believed we had the 
better title. I read carefully the discussion between 
Mr. Buchanan, our Secretary of State, and the British 
Minister ; and while I thought our country had the bet- 
ter title, neither claim could be properly called a plain 
indisputable right, because much could be and was said 
on both sides of the question. But, while our title might 
be disputed, there was no possible doubt as to the main 
fact, that ice had settled the country. 

When the managers of the Company had arrived at 
the conclusion that Oregon must be inhabited by a civ- 
ilized race of men, they undoubtedly determined to 
do all they could reasonably and justly to colonize it 
with their own people. These gentlemen were as loyal 
in their allegiance to their own country as we were to 
ours, and were prepared to go as far as enlightened love 
of country would lead them, and no farther. It is very 
true that the Company, by expending the larger portion 
if not all of its large capital, could have colonized the 
country in advance of the Americans. But, what prop- 
er inducement had the Company thus to sacrifice the 
property of its stockholders ? Colonization was not its 



POLICY OF THE HUDSON'S BAY COMPANY. 241 

legitimate business. Why, then, should a mere mercan- 
tile corporation waste its means and ruin its business to 
settle Oregon ? If the settlement of the country was of 
national importance to Great Britain, then the expense 
should have been borne by that government itself, and 
not by the few subjects who happened to be stockhold- 
ers of the Company. Any one well acquainted with all 
the facts and circumstances, and who will carefully and 
thoroughly examine the subject, must see that the only 
motive the managers of the Company had to settle Ore- 
gon with British subjects, in preference to American 
citizens, was one of patriotism or love of country. In a 
pecuniary point of view, the Company saved more mon- 
ey for its stockholders by the treaty than it could have 
done had the country fallen to Great Britain. 

But while the managers of the Company, as British 
subjects, preferred to colonize Oregon with their own 
people, they were not, as enlightened and Christian 
men, prepared to use criminal means to accomplish that 
purpose. In the address of John McLoughlin and 
James Douglas to the citizens of Oregon in March, 
1845, they say, among other things : 

The Hudson's Bay Company made their settlement at Fort 
Vancouver under the authority of a license from tlie British 
Government, in conformity with the provisions of the treaty 
between Great Britain and the United States of America, which 
gives them the right of occupying as much land as they require 
for the operation of their business. On the faith of that treaty 
they have made a settlement on the north bank of the Colum- 
bia Eiver, they have opened roads and made other improve- 
ments at a great outlay of capital ; they have held unmolested 
possession of their improvements for many years, unquestioned 
by the public oflBcers of either government, who have since the 
existence of their settlement repeatedly visited it ; they have 



242 RECOLLECTIONS OF AN OLD PIONEER. 

carried on business with manifest advantage to the country ; 
they have given the protection of their influence over the native 
tribes to every person who required it, without distinction of 
nation or party; and they have afforded every assistance in 
their power toward developing the resources of the country and 
promoting the industry of its inhabitants. . . . 

Permit us to assure you, gentlemen, that it is our earnest 
wish to maintain a good understanding and to live on friendly 
terms with every person in the country. We entertain the 
highest respect for the provisional organization ; and knowing 
the great good it has effected, as well as the evil it has prevent- 
ed, we wish it every success, and hope, as we desire, to con- 
tinue to live in the exercise and interchange of good offices with 
the framers of that useful institution. 

This address was inclosed with tlie following letter 
to tlie Executive Committee of Oregon : 

Vanoouvek, March 18, 1845. 
Gentlemen : I am sorry to inform you that Mr. Williamson 
is surveying a piece of land occupied by the Hudson's Bay Com- 
pany, alongside of this establishment, with a view of taking it 
as a claim ; and, as he is an American citizen, I feel bound, as 
a matter of courtesy, to make the same known to you, trusting 
that you will feel justified in taking measures to have him re- 
moved from the Hudson's Bay Company's premises, in order 
that the unanimity now happily subsisting between the American 
citizens and British subjects residing in this country may not be 
disturbed or interrupted. I beg to inclose you a copy of an ad- 
dress to the citizens of Oregon, which will explain to you our 
situation and the course we are bound to pursue in the event of 
your declining to interfere. 

I am, gentlemen, your obedient, humble servant, 

J. McLoUGHLIN. 

William Baily, Osborn Russell, P. G-. Stewart, Executive 
Committee of Oregon. 

To this letter, the majority of the Executive Com- 
mittee of Oregon, acting for the whole, made this reply: 



POLICY OF THE HUDSON'S BAY COMPANY. 243 

Oregon City, March 21, 1845. 

Sir : We beg to acknowledge the receipt of your letters — one 
dated 11th of March, and the other 12th of March — accompanied 
with an address to the citizens of Oregon. 

We regret to hear that unwarranted liberties have been 
taken by an American citizen upon the Hudson's Bay Com- 
pany's premises, and it affords us great pleasure to learn that 
the offender, after due reflection, desisted from the insolent and 
rash measure. 

As American citizens, we beg leave to offer you and your 
esteemed colleague our most grateful thanks for theJvind and 
candid manner in which you have treated this matter, as we are 
aware that an infringement on the rights of the Hudson's Bay 
Company in this country, by an American citizen, is a breach 
of the laws of the United States, by setting at naught her most 
solemn treaties with Great Britain. 

As representatives of the citizens of Oregon, we beg your 
acceptance of our sincere acknowledgments of the obligations 
we are under to yourself and your honorable associate for the 
high regard you have manifested for the authorities of our pro- 
visional government, and the special anxiety you have ever 
shown for our peace and prosperity ; and we assure you that 
we consider ourselves in duty bound to use every exertion 
in our power to put down every cause of disturbance, as well 
as to promote the amicable intercourse and kind feelings hitherto 
existing between ourselves and the gentlemen of the Hudson's 
Bay Company, until the United States shall extend its juris- 
diction over us, and our authority ceases to exist. 

We have the honor to be, sir, your most obedient servants, 

OsBORN Russell, 
John McLoughlin, Esq. P. G. Stewart. 

These papers appear in Gray's " Oregon," pages 409 
-'11, as a portion of Dr. White's report to the Secretary 
of War. 

This attempt to locate a claim in the vicinity of Van- 
couver was made by Williamson and Alderman. Wil- 



244 RECOLLECTIONS OF AN OLD PIONEER. 

liamson was apparently a modest and respectable young 
man, while Alderman was a most notorious character. 
He was well known in Oregon from his violent and un- 
principled conduct. He was always in trouble with 
somebody. He came to California in the summer or 
fall of 1848, and was killed in the latter portion of that 
year, at Sutter's Fort, under justifiable circumstances. 

I have given these extracts from the address to the 
citizens of Oregon, that the then managers of the 
Hudson's Bay Company might speak for themselves ; 
and I have given the reply of Messrs. Russell and Stew- 
art, of the Executive Committee, to show the opinion of 
those intelligent, calm, and faithful American officers 
upon the general subject. 

That the facts stated in the address are true, there 
can be no reasonable doubt. The facts were all within 
the personal knowledge of Dr. McLoughlin and Mr. 
Douglas, and they could not be mistaken about them. 
If untrue, then they deliberately and knowingly made 
false statements. To make statements that could be so 
readily contradicted by the people of Oregon, if untrue, 
would have been the greatest folly. Besides, the high 
characters of those gentleman, especially that of Dr. 
McLoughlin, forbids such inference. Dr. McLoughlin, 
during his long and active life, gave such conclusive 
proofs of the possession of the most exalted virtue, 
that no man of respectable ability and good character 
would at this late day question his integrity or doubt 
his statement of facts within his own knowledge. He 
voluntarily became, and afterward died, an American 
citizen. 

But the truth of their statements, especially that one 
which declares that " they had given the protection of 
their influence over the native tribes to every person 



H. A. G. LEE'S LETTER. 245 

who required it, without distinction of nation or party," 
is shown by the fact that no American immigrant was 
killed by the Indians in Oregon until late in the fall of 
1847 — seventeen months after the treaty between Great 
Britain and the United States had settled the question 
of sovereignty over that portion of Oregon south of the 
49th parallel of north latitude in our favor, and twelve 
months after that fact was known in that country, and 
when the Company could not have had any adequate 
motive to oppose American immigration to acknowl- 
edged American territory. 

It is true, some thefts were committed by the Indians 
upon the immigrants ; but I apprehend that these were 
not more numerous or common than usual with Indians 
under like circumstances. While it is not my intention 
to enter at large into the subject, I will give an extract 
from the long letter of H. A. G. Lee to Dr. E, White, 
assistant Indian agent, dated Oregon City, March 4, 
1845. It is, in my judgment, the most sensible and just 
description of Indian character I have ever seen in so 
few words. After stating, among other things, that 
"avarice is doubtless the ruling passion of most In- 
dians," the writer goes on to say : 

The lawless bands along the river, from Tort "Walla Walla 
to the Dalles, are still troublesome to the immigrants ; and the 
immigrants are still very imprudent in breaking off into small 
parties, just when they should remain united. The Indians are 
tempted by the unguarded and defenseless state of the immi- 
grants, and avail themselves of the opportunity to gratify their 
cupidity. Here allow me to suggest a thought. These robbers 
furnish us a true miniature likeness of the whole Indian popula- 
tion, whenever they fail to obtain such things as they wish in 
exchange for such as they have to give. These are robbers now, 
because they have nothing to give; all others will be robbers 
when, with what they have to give, they can not procure what 



246 RECOLLECTIONS OF AN OLD PIONEER. 

tliey wish. I am satisfied of the correctness of this conclusion 
from all that I have witnessed of Indian character, even among 
the praiseworthy Nez Perces. And should the Government of 
the United States withhold her protection from her subjects in 
Oregon, they will he under the necessity of entering into treaty 
stipulations with the Indians, in violation of the laws of the 
United States, as preferable to a resort to force of arms. 

Hitherto, the immigrants have had no serious difficulty in 
passing through the territory of these tribes; but that their 
passage is becoming more and more a subject of interest to the 
Indians is abundantly manifest. They collect about the road 
from every part of the country, and have looked on with amaze- 
ment ; but the novelty of the scene is fast losing its power to 
hold in check their baser passions. The next immigration will, 
in all probability, call forth developments of Indian character 
which have been almost denied an existence among these peo- 
ple. Indeed, sir, had you not taken the precaution to conciliate 
their good feelings and friendship toward the whites just at the 
time they were meeting each other, it is to be doubted whether 
there had not been some serious difficulties. Individuals on 
both sides have been mutually provoked and exasperated during 
the passage of each immigration, and these cases are constantly 
multiplying. Much prudence is required on the part of the 
whites, and unfortunately they have very little by the time they 
reach the Columbia Valley. Some of the late immigrants, los- 
ing their horses and very naturally supposing them stolen by the 
Indians, went to the bands of horses owned by the Indians and 
took as many as they wished. You are too well acquainted 
with Indians to suppose that such a course can be persisted in 
without producing serious results. (Gray's " Oregon," pages 
414-416.) 

Governor Abernethy, in his message to tlie Legisla- 
tive Assembly of Oregon imder date of December 7, 
1847, says : 

Our relation with the Indians becomes every year more 
embarrassing. They see the white man occupying their lands, 



RELATIONS WITH THE INDIANS. 247 

rapidly filling up the country, and tliey put in a claim for pay. 
They have been told that a chief would come out from the Uni- 
ted States and treat with them for their lands ; they have been 
told this so often that they begin to doubt the truth of it. At 
all events, they say; "He will not come till we are all dead, 
and then what good will blankets do us ? "We want something 
now." This leads to trouble between the settler and the In- 
dians about him. Some plan should be devised by which a fund 
can be raised, and presents made to the Indians of sufficient 
value to keep them quiet, until an agent arrives from the United 
States. A number of robberies have been committed by the 
Indians in the upper country upon the emigrants as they were 
passing through their territory. This should not be allowed to 
pass. An appropriation should be made by you, sufficient to 
enable the Superintendent of Indian Affairs to take a small 
party in the spring, and demand restitution of the property, or 
its equivalent in horses. "Without an appropriation, a suflScient 
party would not be induced to go up there, as the trip is an ex- 
pensive one. ("Oregon Laws and Archives," page 210.) 

We were delicately situated in Oregon up to near the 
close of 1846, when news of the treaty between Great 
Britain and the United States reached us. We knew 
that under former treaties the citizens and subjects of 
both governments were privileged to occupy the coun- 
try jointly ; but that joint occupation of the territory 
did not mean joint occupation of the same tract of land 
or of the same premises, but the party first in posses- 
sion was entitled to continue it until the question of 
sovereignty should be settled. Our community was 
composed of American citizens and British subjects, in- 
termingled together as neighbors, with all their respec- 
tive national attachments, manners, and prejudices ; and 
we had our full share of reckless adventurers and other 
bad men. The extremists and ultras of both sides would 
have brought us into armed conflict, and perhaps in- 



248 RECOLLECTIONS OP AN OLD PIONEER. 

volved tlie two countries in war, but for the manly good 
sense of our leading men, supported by the great ma- 
jority of the peojDle. 

It was most fortunate for us that the executive office 
of our little provisional government was at all times 
filled, not only by Americans, but by those who were 
well fitted for that position, both as to capacity and 
conciliatory firmness. I have already spoken of Osborn 
Russell and P. G. Stewart, who acted as the Executive 
Committee during part of the years 1844 and 1845. 
They were admirable men for that position. They were 
succeeded by George Abernethy, who filled the position 
until the provisional organization was superseded by 
the regular Territorial government, under the act of 
Congress of August 14, 1848. 

Governor Abernethy was precisely fitted for the po- 
sition in every respect. Though he had no regular legal 
education, he was a man of admirable good sense, of calm, 
dispassionate disposition, of amiable, gentle manners, 
and above the influences of passion and prejudice. He 
did his duty most faithfully to the utmost of his ability; 
and his ability was ample for that time and that country. 
He fully comprehended the exact situation, and acted 
upon the maxim, "Make haste slowly," believing that 
such was not only the best policy, but the best justice. 
Time amply vindicated the wisdom and efficiency of the 
course he pursued. We attained all our hopes and 
wishes by peaceful means. " Peace hath her triumphs," 
greater than those of war, because the triumphs of peace 
cost so much less. It is a matter of doubt whether, in 
the settlement of any portion of America by the whites, 
any greater wisdom, forbearance, and good sense have 
been shown, except in the celebrated case of William 
Penn. 



MASSACRE OF DR. WHITMAN AND OTHERS. 249 

MASSACEE OF DR. WHITMAN AND OTHERS — INDIAN WAR 
ITS RESULT. 

On Monday, November 29, 1847, the horrible mas- 
sacre of Dr. Marcus Whitman, his lady, and others, by 
the Cayuse Indians, took place ; which event, in the 
just language of Mr. Douglas, was " one of the most 
atrocious which darken the annals of Indian crime." 
Within a few days other peaceful Americans were 
slaughtered, until the whole number of victims amount- 
ed to from twelve to fifteen. This painful event was 
made known at Oregon City on December 8, 1847, as 
already stated. 

I knew Dr. Whitman well ; I first saw him at the 
rendezvous near the western line of Missouri, in May, 
1843 ; saw him again at Fort Hall ; and again at his 
own mission in the fall of that year, as already stated. 
I remember that the first I heard of the false and un- 
grateful charge made by a portion of our immigrants 
(an account of which I have already given) was from his 
own lips. I was standing near his house when he came 
to me with the painful expression of deep concern upon 
his countenance, and asked me to come with him to his 
room. I did so, and found one or two other gentlemen 
there. He was deeply wounded, as he had ample cause 
to be, by this unjustifiable conduct of some of our peo- 
ple. He stated to us the facts. I again saw him at my 
home in the Tualatin Plains in 1844. He called at my 
house, and, finding I was in the woods at work, he came 
to me there. This was the last time I ever saw him. 
Our relations were of the most cordial and friendly 
character, and I had the greatest respect for him. 

I consider Dr. Whitman to have been a brave, kind, 
devoted, and intrepid spirit, without malice and with- 



250 KECOLLECTIONS OF AN OLD PIONEER. 

out reproach. In my best judgment, he made greater 
sacrifices, endured more hardships, and encountered more 
perils for Oregon than any other one man ; and his ser- 
vices were practically more efficient than those of any oth- 
er, except perhaps those of Dr. Linn, United States Sen- 
ator from Missouri. I s&j perhajjs, for I am in doubt as 
to which of these two men did more in effect for Oregon. 
The news of this bloody event thrilled and roused 
our people at once ; and within a very short time, con- 
sidering the season and other circumstances, we raised 
an army of some five hundred brave and hardy men, 
and marched them into the enemy's country. Several 
battles were fought, the result of which is well and con- 
cisely stated by Governor Abernethy, in his message to 
the Legislative Assembly of Oregon, under date of 
February 5, 1849 : 

I am happy to inform you that, through aid of the Territory 
to go in pursuit of tlie murderers and tlieir allies, and of those 
who contributed so liberally to the support of our fellow citi- 
zens in tlie field, the war has been brought to a successful ter- 
mination. It is true that the Indians engaged in the massacre 
were not cai^tured and punished; they were, however, driven 
from their homes, their country taken possession of, and they 
made to understand that the power of the white man is far su- 
perior to their own. The Indians have a large scope of country 
to roam over, all of which they were well acquainted with, 
knew every pass, and by this knowledge could escape the pun- 
ishment they so justly merited. In view of this the troops 
were recalled and disbanded early in July last, leaving a small 
force under the command of Captain Martin to keep possession 
of tlie post at Wailatpu, and a few men at Woscopum. Captain 
Martin remained at Wailatpu until the middle of September, 
when the time for which liis men had enlisted expired. He 
however, before leaving, sent a party to bring in the last com- 
pany of emigrants. 



INDIAN WAR. 251 

The iippearance of so many armed men among the Indians 
in their own country had a very salutary effect on them ; this 
is seen by their refusing to unite with the Cayuse Indians, by 
their profession of friendship to the Americans, and by the 
safety with wliich the immigration passed through the Indian 
country the past season. 

Heretofore robberies liave been committed and insults of- 
fered to Americans as they would pass along, burdened with 
their families and goods, and worn down with the fiitigues of a 
long journey, and this was on the increase; each successive im- 
migration suffered more than the preceding one. But this year 
no molestation was offered in any way. On the contrary, every 
assistance was rendered by the Indians in crossing rivers, for a 
reasonable compensation. 

Having learned the power and ability of the Americans, I 
trust the necessity of calling on our citizens to punish them 
hereafter will be obviated. ("Oregon Laws and Archives," 
page 272.) 

This attack of the Indians was attributed by some 
persons, and especially by Mr. Spaulding, to the instiga- 
tion of the Catholic missionaries in that country. I 
thought the charge most unjust, and think so still. The 
charge was too horrible in its very nature to be believed 
unless the evidence was conclusive beyond a reasonable 
doubt. There were most ample grounds upon which to 
account for the massacre, without accusing these mis- 
sionaries of that horrible crime. Mr. Spavilding and 
myself agreed to discuss the matter through the col- 
umns of a small semi-monthly newspaper, published by 
Mr. Griffin, and several numbers were written and pub- 
lished by each of us ; but the discovery of the gold 
mines in California put a stop to the discussion. 

12 



CHAPTER VI. 

DISCOVERY OP GOLD IN CALIFORNIA — DETERMINE TO 
GO TO THE MINES ORGANIZE A WAGON-PARTY. 

I HAD been a member of the Legislative Committee 
of 1844, had taken a leading part in that little body, 
and had done what I considered my fair proportion of 
the work, under all the then existing circumstances. 
We had adopted a code of laws, which, though imper- 
fect, was ample for that time and that country. I looked 
forward to the speedy settlement of the question of 
sovereignty in our favor, and it was so settled within 
two years thereafter. 

As before stated, I went to Oregon to accomplish 
three purposes. I had already assisted to lay the foun- 
dation of a great American community on the shores of 
the Pacific, and the trip across the Plains had fully re- 
stored the health of Mrs. Burnett. There was still one 
great end to attain — the payment of my debts. I had 
a family of eight persons to support, and a large amount 
of old indebtedness to pay. My debts were just, and I 
believed in the great maxim of the law, that "a man 
must be just before he is generous." Had the essential 
interest of a large body of my fellow men, in my judg- 
ment, required further sacrifices, I would have made 
them most cheerfully. But, the foundation of a great 
community on this coast having been laid, all else would 



DISCOVERY OF GOLD IN CALITORNIA. 253 

naturally follow as a matter of course, as there were 
others competent to continue the work. 

The obligation to supjDort my family and pay my 
debts was sacred with me ; and I therefore gave the 
larger portion of my time to my own private affairs so 
long as I remained in Oregon. I did not then foresee 
the discovery of gold in California ; and for this reason 
my only chance to pay, so far as I could see, was to re- 
main and labor in Oregon. I had not the slightest idea 
of leaving that country until the summer of 1848. Be- 
fore I left, I had paid a small j)ortion of my old indebt- 
edness. I always had faith that I should ultimately 
pay every dollar. 

In the month of July, 1848 (if I remember correctly), 
the news of the discovery of gold in California reached 
Oregon. It passed from San Francisco to Honolulu, 
thence to Nesqualy, and thence to Fort Vancouver. At 
that very time there was a vessel from San Francisco 
in the Willamette River, loading with flour, the master 
of which knew the fact but concealed it from our people 
for speculative reasons, until the news was made public 
by the gentlemen connected with the Hudson's Bay 
Company, 

This extraordinary news created the most intense 
excitement throughout Oregon. Scarcely anything else 
was spoken of. We had vanquished the Indians, and 
that war for the time was almost forgotten. We did not 
know of the then late treaty of peace between Mexico 
and the United States ; but we were aware of the fact 
that our Government had possession of California ; and 
we knew, to a moral certainty, that it would never be 
given up. 

Many of our people at once believed the reported 
discovery to be true, and speedily left for the gold mines 



254r RECOLLECTIONS OF AN OLD PIONEER. 

with i^ack-animals. I think that at least two thirds of 
the male population of Oregon, capable of bearing arms, 
started for California in the summer and fall of 1848. 
The white population of Oregon, including the late im- 
migrants, must have amounted then to from eight to 
ten thousand people. Before we left, many persons ex- 
pressed their apprehensions that the Indians might re- 
new hostilities during the absence of so many men. But 
those of us who went to the mines that fall (leaving our 
families behind in Oregon) had no fears of any further 
attacks from the Indians. Time proved that we were 
right. 

These accounts were so new and extraordinary to us 
at that time, that I had my doubts as to their truth, 
until I had evidence satisfactory to me. I did not jump 
to conclusions, like some people ; but when I saw a let- 
ter which had been written in California by Ex-Gov- 
ernor Lilburn W. Boggs, formerly of Missouri, to his 
brother-in-law Colonel Boon of Oregon, I was fully sat- 
isfied. I had known Governor Boggs since 1821, was 
familiar with his handwriting, and knew Colonel Boon; 
and there was no reasonable cause to doubt. This let- 
ter I read about the last of August, 1848. 

I saw my opportunity, and at once consulted with 
my wife. I told her I thought that it was our duty to 
separate again for a time, though we had promised each 
other, after our long separation of fourteen months dur- 
ing our early married life, that we would not separate 
again. I said that this was a new and special case, never 
anticipated by us; that it was the only certain opportunity 
to get out of debt within a reasonable time, and I thought 
it my duty to make the effort. She consented, and I 
came to California, and succeeded beyond my expecta- 
tions. I paid all my debts, principal and interest, secur- 



DETERMINE TO GO TO THE MINES. 255 

ity debts and all. Time conclusively i^roved the wisdom 
and justice of my course. I set out to accomj^lisli three 
important objects ; and, thanks be to God, I succeeded 
in all. 

When I had determined to come to California, I at 
once set to work to prej)are for the journey. All who 
preceded me had gone with pack-animals ; but it oc- 
curred to me that we might be able to make the trip 
with wagons. I went at once to see Dr. McLoughlin, 
and asked his opinion of its practicability. Without 
hesitation he replied that he thought we could succeed, 
and recommended old Thomas McKay for pilot. No 
wagons had ever passed between Oregon and California. 
Thomas McKay had made the trip several times with 
pack-trains, and knew the general nature of the country, 
and the courses and distances ; but he knew of no prac- 
ticable wagon-route, as he had only traveled with pack- 
animals. 

This was about the first of September, 1848. I at 
once went into the streets of Oregon City, and proposed 
the immediate organization of a wagon-company. The 
proposition was received with decided favor ; and in 
eight days we had organized a company of one hundred 
and fifty stout, robust, energetic, sober men, and fifty 
wagons and ox-teams, and were off for the gold mines 
of California. We had only one family, consisting of 
the husband, wife, and three or four children. We had 
fresh teams, strong wagons, an ample supply of pro- 
visions for six months, and a good assortment of mining 
implements. I had two wagons and teams, and two 
saddle-horses ; and I took plank in the bottoms of my 
wagons, with which I constructed a gold-rocker after 
we arrived in the mines. 

We were not certain that we could go through with 



256 RECOLLECTIONS OF AN OLD PIONEER. 

our wagons, and thought we might be caught in the 
mountains, as were the Donner party in 1846. In case 
we had been snowed in, we had plenty of provisions to 
live upon during the winter. Besides, we were appre- 
hensive that there might be a great scarcity of provi- 
sions in the mines during the winter of 1848-'9. The 
only article I purchased in the mines was some molasses, 
having everything else in the way of provisions. 

"Advances of outfits were made to such men as 
Hastings and his party, Burnett, and other prominent 
men. . . . 

"Those who proposed going to California could 
readily get all the supplies they required of the com- 
pany by giving their notes payable in California." 
(Gray's " Oregon," 361.) 

This is a mistake, so far as I was concerned. I had 
plenty of wheat, cattle, and hogs, and did not need ad- 
vances. My outfit cost very little additional outlay, 
for the simple reason that I had my own wagons and 
teams, except one yoke of oxen which I purchased of 
Pettigrove, in Portland, and paid for at the time. I had 
the two horses that I took with me, and all the provi- 
sions that I required, except a few pounds of tea. I had 
an ample supply of sugar, for reasons already stated. I 
had all the clothes required, and plenty of tools, except 
two picks which I got a blacksmith in Oregon City to 
make. I do not remember to have purchased a single 
article on credit. 

OFF FOE CALIFORNIA INCIDENTS OF TEE TRIP. 

I was elected captain of the wagon-party, and 
Thomas McKay was employed as pilot. We followed 
the Applegate route to Klamath Lake, where we left 
that road and took a southern direction. Thomas Mc- 



OFF FOR CALIFORNIA. 257 

Kay, myself, and five others, well armed and mounted, 
went on in advance of tlie wagons to discover the best 
route, leaving the wagons to follow our trail until other- 
wise notified. "We, the road-hunters, took with us plenty 
of flour, sugar, and tea, and depended upon our guns for 
meat. 

We passed over comparatively smooth prairie for 
some distance. One evening we encamped at what was 
then called Goose Lake. It being late in the season, 
the water in the lake was very low, muddy, and almost 
putrid. Vast flocks of pelicans were visiting this lake 
at that time, on their way south. I remember that we 
killed one on the wing with a rifle. 

The water being so bad, we drank very little, and 
left early next morning. We traveled over prairie some 
twenty miles toward a heavy body of timber in the dis- 
tance, then entered a rocky cedar-grove about six miles 
in width. As our horses were not shod, their feet be- 
came sore and tender while passing over this rough 
road. We then entered a vast forest of beautiful pines. 
Our pilot told us that, if he was not mistaken, we should 
find in the pine-timber an Indian trail ; and, sure enough, 
we soon came to a plain horse-path through the open 
forest. We followed this trail until sunset, and en- 
camped in a small, dry prairie, having traveled all day 
beneath a hot October sun without water. Our little 
party were sober, solemn, and silent. No one ate any- 
thing except myself, and I only ate a very small piece 
of cold bread. 

We left this dry and desolate camp early next morn- 
ing. About 10 o'clock one of our party saw a deer, 
and followed it to a beautiful little stream of water, 
flowing from the hills into the forest. We spent the 
remainder of the day on the banks of this clear branch, 



258 RECOLLECTIONS OF AN OLD PIONEER. 

drinking Avater and eating a badger. When I first 
drank the water it had no pleasant taste, but seemed 
like rain-water ; but my natural thirst soon returned, 
and I found that no luxury was equal to water to a 
thirsty man. We sent out three or four hunters for 
game ; but they returned about 2 p. m. with a large bad- 
ger. This was all the meat we had. We dressed and 
cooked it well ; and, to our keen and famished appe- 
tites, it was splendid food. The foot of the badger, the 
tail of the beaver, the ear of the hog, and the foot of 
the elephant are superior eating. I have myself eaten 
of all but the last, and can speak from personal knowl- 
edge ; and, as to the foot of the elephant, I can give Sir 
Samuel Baker as ray authority, in his " Explorations," etc. 
We left next morning, thoroughly refreshed and 
rested ; and we had not traveled more than ten miles 
when we came in sight of Pitt River, a tributary of the 
Sacramento. It was here but a small creek, with a val- 
ley about half a mile wide. When we had approached 
near the stream, to our utter surprise and astonishment, 
we found a new wagon-road. Who made this road we 
could not at first imagine. A considerable number of 
those coming to California with pack-animals decided 
to follow our trail, rather than come by the usual pack- 
route. These packers had overtaken us the preceding 
evening, and were with us when we discovered this new 
wagon-road. It so happened that one of them had been 
in California, and knew old Peter Lassen. This man 
was a sensible fellow, and at once gave it as his opinion 
that this road had been made by a small party of immi- 
grants whom Lassen had persuaded to come to Cali- 
fornia by a new route that would enter the great valley 
of the Sacramento at or near Lassen's rancho. This 
conjectural explanation proved to be the true one. 



INCIDENTS OF THE TRIP. 259 

So soon as these packers found this road, they left 
us. No amount of argument could induce them to re- 
main with us. They thought our progress too slow. 
This left our little party of road-hunters alone in a wild 
Indian country, the wagons being some distance behind. 

We followed the new road slowly. One day, while 
passing through open pine-woods, we saw an Indian, 
some two hundred yards ahead of us. He was intent on 
hunting, and did not see us until we were within a hun- 
dred yards, charging down upon him with our horses 
at full speed. He saw that escape by flight was im- 
possible ; so he hid under a clump of bushes. We soon 
came up, and by signs ordered him to come out from 
his place of concealment. This command he understood 
and promptly obeyed. He was a stout, active young 
man, apparently twenty-five years of age, and had a 
large gray squirrel under his belt, which he had killed 
with his bow and arrow. He evidently feared that we 
would take his life ; but we treated him kindly, spent 
some time conversing with him as well as we could by 
signs, and then left him in peace. 

From the point where we struck the Lassen road, it 
continued down the river in a western direction ten or 
fifteen miles until the river turned to the south and ran 
through a canon, the road ascending the tall hills, and 
continuing about west for twenty to thirty miles, when 
it came again to and crossed the river. The same day 
that we saw the Indian we encamped, after dark, on a 
high bluff above the river. We had had no water to 
drink since morning, and had traveled late in the hope 
of finding a good encampment. 

The night was so dark, and the bluff was so steep 
and rough, that we feared to attempt to go to the river 
for water, though we could distinctly hear the roar of 



260 RECOLLECTIONS OF AN OLD PIONEER, 

the stream, as it dashed among the rocks below. At 
length, one of our men determmed to go for water. He 
took with him a small tin bucket ; and, after having 
been absent a considerable time, he returned with the 
bucket about one fourth full, having spilt most of the 
water on his return to camp. The amount for each of 
us was so small that our thirst was increased rather 
than diminished. 

The next morning we left early, and followed the 
road to the crossing of the river, where we arrived about 
noon. Here we spent the remainder of that day. The 
valley at this point was about a mile and a half wide, 
and without timber ; and the descent into it was down 
a tall hill, which was not only steep, but rocky and 
heavily timbered. In the middle of this valley there 
was a solitary ridge about a mile long and a quarter of 
a mile wide at its base, and some two hundred feet high, 
covered with rocks of various sizes. We determined to 
discover, if we could, a new and easier route down the 
hill. For this purpose we ascended this ridge, from the 
summit of which we could have an excellent view of the 
face of the hill, down which our wagons must come. 

While we were quietly seated upon the rocks, we 
saw an Indian emerge from the edge of the timber at 
the foot of the hill, about three fourths of a mile dis- 
tant, and start in a brisk run across the intervening 
prairie toward us. I directed the men to sit perfectly 
still until the Indian should be hidden from our view, 
and then to separate, and let him fall into the ambush. 
We occupied the highest point of this lonely ridge, and 
we knew he would make for the same spot, for the pur- 
pose of overlooking our camp. We waited until he 
came to the foot of the ridge, from which position he 
could not see us : and then we divided our men into 



INCIDENTS OF THE TRIP. 261 

two parties, each party taking up a different position. 
Very soon the Indian came within about thirty feet of 
one of our parties, and suddenly found himself con- 
fronted with four rifles pointed at him, with a command 
by signs to stop. Of course it was a perfect surprise to 
the poor old Indian. He was about sixty years old, was 
dressed in buckskin, had long coarse hair and dim eyes, 
and his teeth were worn down to the gums. 

Notwithstanding the suddenness and completeness 
of the surprise, the old hero was as brave and cool as 
possible. I had with me only an axe with which to 
blaze the new and better way, in case we found it, and 
was at first some little distance from the Indian. As I 
came toward him with the axe on my shoulder, he made 
the most vehement motions for me to stoj) and not 
come any nearer. I saw he was apprehensive that I 
would take off his head with the axe, and at once 
stopped and threw it aside. At first he would allow no 
one to come near him, but coolly wet his fingers with 
his tongue, and then deliberately dipped them into the 
sand at the foot of the rock on which he sat ; and, with 
his trusty bow and arrow in his hands, he looked the 
men full in the face, as much as to say : " I know you 
have me in your power ; but I wish you to understand 
that I am prepared to sell my life as dearly as possible." 
I never saw a greater display of calm, heroic, and de- 
termined courage than was shown by this old Indian. 
He was much braver than the young Indian we had 
seen the day before. 

One of our men, who was a blustering fellow and 
who was for displaying his courage when there was no 
danger, proposed that we should kill the old Indian. I 
at once put a damper upon that cowardly proposition, 
by stating to the fellow that if he wanted to kill the 



r 



262 RECOLLECTIONS OF AN OLD PIONEER. 

Indian he could have a chance to do so in a fair and 
equal single combat with him. This proposition, as I 
anticipated, he promptly declined, I was satisfied that 
there was no fight in him. 

After some time, we were permitted one at a time 
to approach him. We offered him the pipe of peace, 
which he accepted. He would let our men look at his 
bow and arrows one at a time, never parting with both 
of them at once. He was evidently suspicious of 
treachery. We staid with him some time, treating him 
kindly, and then left him sitting on his rock. This was 
the last we saw of him. We considered this mode of 
treating the Indians the most judicious, as it displayed 
our power and at the same time our magnanimity. We 
proved that we intended no hann to them, but were 
mere passers through their country. They evidently 
appreciated our motives, and the result was, that we 
had not the slightest difficulty with the Indians. 

After crossing the river, the road bore south ; it 
being impossible to follow down the stream, as the 
mountains came too close to it. Next mornino" we left 
our camp and followed the road south about ten miles, 
when we came to a beautiful grassy valley, covered 
with scattering pine-timber. This valley was about two 
miles wide where the road struck it, and ran west, the 
very direction we wished to go. It seemed a defile 
passing at right angles through the Sierra Nevada 
Mountains, as if designed for a level road into the 
Sacramento valley. 

We were much pleased at the prospect, and fol- 
lowed this splendid road rapidly about eight miles, 
when, to our great mortification, we came to the termi- 
nation of this lovely valley in front of a tall, steep 
mountain, which could not be ascended except by some 



INCIDENTS OF THE TRIP. 263 

creature that had either wings or claws. Upon ex- 
amination, we found that old Peter Lassen and his 
party had marched west along this narrow valley to its 
abrupt termination, and then had turned about and 
marched back to near the point where they entered it, 
thus wasting some ten or fifteen miles of travel. The 
two portions of the road going into and coming out of 
this pretty valley were not more than half a mile apart; 
but this fact was unknown to us until after we had 
brought up against that impassable mountain. 

This was a jjerplexing and distressing situation. 
Our own pilot did not like this route, as it was not go- 
ing in the right direction. How to get out of this line 
of travel, and get again upon the river, was the ques- 
tion. We spent the greater part of one day in explor- 
ing a new route, but found it impracticable. In our 
explorations, we found a lava-bed some two miles wide. 
It was clear to us that old Peter Lassen was lost, except 
as to courses, and was wholly unacquainted with the 
particular route he was going. Our own pilot knew 
about as little as Lassen, if not less. Our wagons, we 
knew, w^ould soon overtake us ; and we determined to 
follow Lassen's road ten or fifteen miles farther, to see 
if it turned west. Several of us started on foot, and 
found that the road, after leaving the valley, went south 
about ten miles, and then turned due west, running 
through open pine-timber and over good ground. We 
returned to camp in the night, and decided that we 
would follow Lassen's road at all hazards. We awaited 
the arrival of our wagons, and then set forward. We 
found the road an excellent one, going in the right di- 
rection ; and we soon found ourselves upon the summit 
of the Sierra Nevada Mountains. 

The summit was almost a dead level, covered with 



264 RECOLLECTIONS OF AN OLD PIONEER. 

stunted pines. YVe passed between peaks. The ascent 
on the eastern side was very gradual and easy. We 
encamped one evening on the summit near a small lake; 
and it was so cold that night that ice formed along its 
margin. This was about the 20th of October, 1848. 
We knew when we bad passed the summit, from the 
fact that the streams flowed west. Though the beds of 
the streams were dry at that season of the year, we could 
tell which way the water had run, from the drift-wood 
lodged in j)laces. 

While on Pitt River, we knew from the camp-fires 
that Lassen's party had ten wagons ; and from all ap- 
pearances we were pretty sure that they were some 
thirty days ahead of us. 

OVERTAKE PETER LASSEK AND HIS PARTY — ARRIVAL 
IN THE SACRAMENTO VALLEY. 

We pressed on vigorously, and soon reached the 
wide strip of magnificent pine-timber found on the 
western side of the Sierra Nevada. We had not pro- 
ceeded many miles, after entering this body of timber, 
before I saw a large, newly-blazed pine-tree standing 
near the road. Approaching I found these words 
marked in pencil : " Look under a stone below for a 
letter." It was a stone lying upon the surface of the 
ground, and partly embedded in it. It had been re- 
moved, the letter placed in its bed, and then replaced. 
No Indian would ever have thought of looking under 
that stone for anything. I did as directed, and found a 
letter addressed to me by my old friend and law-part- 
ner in Oregon City, A. L. Lovejoy, Esq., one of the 
packers who had gone ahead of us. The letter stated 
that they had overtaken old Peter Lassen and a portion 



OVERTAKE LASSEX AXD HIS PARTY. 265 

of his party, lost in the mountains and half starved. 
That very evening we overtook Lassen and half of his 
party in the condition described by Love joy. In about 
eight days after we had first seen Lassen's road, we had 
overtaken him. 

Peter Lassen had met the incoming immigration that 
fall, and had induced the people belonging to ten wag- 
ons to come by his new route. This route he had not 
previously explored. He only had a correct idea of the 
coiirses, and some general knowledge of the country 
through which they must pass. So long as this small 
party were traveling through prairies, or open woods, 
they could make fair progress ; but, the moment they 
came to heavy timber, they had not force enough to 
open the road. After reaching the wide strip of timber 
already mentioned, they converted their ten wagons 
into ten carts, so that they could make short turns, and 
thus drive around the fallen timber. This they found a 
slow mode of travel. One half of the party became so 
incensed against Lassen that his life was in great dan- 
ger. The whole party had been without any bread for 
more than a month, and had during that time lived 
alone on poor beef. They were, indeed, objects of pity. 
I never saw people so worn down and so emaciated as 
these poor immigrants. 

The people that belonged to five of the carts had 
abandoned them, packed their poor oxen, and left the 
other half of the party, a short time before we reached 
those that remained with the other five carts and with 
Lassen. We gave them plenty of provisions, and told 
them to follow us, and we would open the way ourselves. 
Of course, they greatly rejoiced. How their sunken 
eyes sparkled with delight ! Our pilot, Thomas McKay, 
overtook an old woman on foot, driving before her a 



266 RECOLLECTIONS OF AN OLD PIONEER. 

packed ox down a long, steep hill. When he approached 
near to her, he made a noise that caused her to stop and 
look back. " Who are you, and where did you come 
from ? " she asked in a loud voice. He informed her 
that he was one of a party of a hundred and fifty men, 
who were on their way from Oregon, with wagons and 
ox-teams, to the California gold mines. " Have you got 
any flour ? " " Yes, madam, plenty." " You ai'e like 
an angel from Heaven ! " And she raised a loud and 
thrilling shout that rang through that primeval forest. 

Lassen and our pilot followed the trail of the pack- 
ers for some twenty or thirty miles, as it passed over 
good ground, but through heavy timber. We had from 
sixty to eighty stout men to open the road, while the 
others were left to drive the teams. We plied our axes 
with skill, vigor and success, and opened the route 
about as fast as the teams could well follow. 

At length the pack-trail descended a long, steep hill, 
to a creek at the bottom of an immense ravine. Old 
Peter Lassen insisted that our wagons should keep on 
the top of the ridges, and not go down to the water. 
When the first portion of the train arrived at this point, 
they had to stop some time on the summit of the hill. 
How to get out of this position without descending into 
the ravine below was a perplexing question. Our pilots 
had been to the creek, and would not let us go down 
the hill. In looking around for a way out of this dilem- 
ma they discovered a strip of ground, about thirty feet 
wide, between the heads of two immense and impassable 
ravines, and connecting the ridge we were compelled to 
leave with another. It was like an isthmus connecting 
two continents. Over this narrow natural bridge we 
passed in safety. 

That evening a large portion of our party encamped 



VIEW THE SACRAMENTO VALLEY. 267 

on the summit of a dry ridge, among the intermixed 
pine- and oak-timber. They had traveled all day, under 
a hot October sun, without water. This was the first 
time those with the wagons were compelled to do with- 
out water at night. They chained their oxen to their 
wagons, as the animals would have gone to water had 
they been turned out. The ox has a keen scent, and 
will smell water at the distance of one or two miles. It 
was another sober, solemn, and silent time. Scarcely a 
word was spoken, and not a mouthful eaten. 

By daybreak next morning we were off, and had only 
gone about five miles when we came to the edge of the 
l^ine-forest. From this elevated point we had a most 
admirable view. Below us, at the seeming distance of 
ten, but the real distance of twenty miles, lay the broad 
and magnificent valley of the Sacramento, gleaming in 
the bright and genial sunshine ; and beyond, and in the 
dim distance, rose the grand blue outlines of the Coast 
Range. The scene was most beautiful to us, thirsty as 
we were. How our hearts leaped for joy ! That was 
our Canaan. Once in that valley, and our serious difli- 
culties, our doubts and fears, would be among the things 
of the past. But the last of our trials was the most se- 
vere. We had still to descend to that desired valley 
over a very rough road. 

From the place where we stood, we could see three 
tall, narrow, rocky ridges, with deep ravines between, 
running toward the valley. Neither our pilots nor any 
of us knew which of the three ridges to take, and we 
had no time to explore. We contemplated the scene 
for a few moments, and then looked down the ridges 
for a short time, and chose the middle one at a venture, 
not knowing what obstructions and sufferings were be- 
fore us. We had in our company two classes. One 



•268 RECOLLECTIONS OF AN OLD PIONEER. 

was eager to enter the valley as early as possible, while 
the other had no desire for haste. I belonged to the 
latter class. I had lived and suffered long enough to 
have acquired some caution. 

The last camp before the one where a portion of our 
people had done without water had plenty of grass, fuel, 
and water. We had been rapidly descending the west- 
ern side of the Sierra Nevada for some days before we 
overtook Lassen and his party ; and we knew that we 
could not be very far from the Sacramento valley. Be- 
sides this evidence, we found the red oaks appearing 
among the pines ; and this was a conclusive proof that 
Ave were not far from that valley. I saw that there was 
no necessity that the wagons should follow our pilots 
so closely. Our true policy would have been to remain 
where we first found the oak-timber until our pilots had 
explored and selected the route into the valley. We 
could have safely remained at that good camp a month 
longer than we did. But one portion of our people had 
the gold-fever too badly to be controlled. We who 
were more patient and cautious were willing that those 
hasty and ambitious men should go on ahead of us, if 
they desired to do so. Our two classes were well 
matched, like the man's oxen, one of which wanted to 
do all the work, and the other was perfectly willing that 
he should. 

I had directed the men in charge of my wagons and 
teams to remain at that good camp until they should re- 
ceive other orders. I then assisted to open the road to 
the natural bridge mentioned. After that, the road ran 
through open woods and over good ground to the point 
where the pines terminated. I determined to leave the 
foremost wagons at that point and return on foot to the 
good camp, where I arrived in the evening. Next morn- 



ARRIVAL IN THE SACRAMEXTO VALLEY. 269* 

ing early I took my best horse and started on after the 
foremost wagons, deciding that my own wagons and 
teams should remain where they were until I knew they 
could reach the valley by that or some other route. The 
distance from the point where I left the foremost wag 
ons to the good camp was about fifteen miles. About 10 
o'clock A. M. I arrived at that point, which I had left the 
morning before ; and, looking down toward the valley, I 
could dimly discern some of the white-sheeted wagons 
on their dry and rugged way to the valley. I followed 
them as fast as I could, at a brisk trot. At the distance 
of about eight miles I came to an immense mass of rock, 
which completely straddled the narrow ridge and totally 
obstructed the way. This huge obstacle could not be 
removed in time, and the wagons had to pass around it. 
They were let down the left side of the ridge by ropes 
to a bench, then passed along this bench to a point be- 
yond the rock, and were then di*awn up to the top of 
the ridge again by doubling teams. 

I passed on about six miles farther, and came to an- 
other huge mass of rock entirely across the top of the 
ridge. But in this case the sides of the ridge were not 
so steep, and the wagons had easily passed across the 
ravine to the ridge on the right. Soon, however, the 
ridges sank down to the surface, leaving no further dif- 
ficulties in the way except the loose rocks, which lay 
thick upon the ground. These rocks were of all sizes, 
from that of a man's hat to that of a large barrel, and 
constituted a serious obstruction to loaded wagons. We 
could avoid the larger rocks, as they were not so many ; 
but not the smaller ones, as they were numerous and 
lay thick upon the ground. In passing over this part 
of our route two of the wagons were broken down. 

About noon I met one of our party who had been to 



270 RECOLLECTIONS OF AN OLD PIONEER. 

the valley, and was on his return to the good camp, 
where his wagons and teams as well as mine were left. 
He reported to me that the route was practicable ; and 
I sent word to my men to come on the next day. 

I arrived at the camp in the valley, near a beautiful 
stream of water, a little after dark, having traveled that 
day about thirty-five miles. I could hear the wagons 
coming down that rough, rocky hill imtil midnight. 
Some of the people belonging to the foremost wagons 
had been without water nearly two days. 

Next morning I started on foot to meet my wagons, 
and found them on the middle ridge, this side the first 
huge mass of rock, about sundown. They had plenty 
of water for drinking purjDoses, and chained up the oxen 
to the wagons. Next day they came into camp in good 
time, without suffering and without loss. 

ARRIVE AT THE HOUSE OF PETER LASSEN ORIGIN OF 

THE TERM " PROSPECTING " ARRIVAL IN THE MINES 

MINING. 

We left the first camp in the valley the next morning, 
and, after traveling a distance of eight miles, arrived at 
the rancho of old Peter Lassen. The old pilot was in 
the best of spirits, and killed for us a fat beef ; and we 
remained at his place two or three days, feasting and 
resting. All organization in our company ceased upon 
our arrival in the Sacramento valley. Each gold-hunter 
went his own way, to seek his own fortune. They soon 
after scattered in various directions. 

A day or two after we left Lassen's place, we were 
surprised and very much amused upon learning that the 
packers who had left us in such a hurry on Pitt River 
were coming on behind us. As stated on page 266, 



ORIGIN OF THE WORD "PROSPECTING." 271 

they had descended a long steep hill to a creek at the 
bottom of an immense ravine. They followed down this 
stream west for some miles, when they came to an ob- 
struction in their route that they could not possibly pass, 
and were compelled to return up the stream east until 
they found a place Avhere they could get out of this 
ravine on its northern side. They came to the creek on 
its southern side, and thought their best chance to es- 
cape was to be found on its northern bank. In this way 
they were detained in the mountains three or four days 
longer than we were. They had plenty of provisions, 
and had suffered but little. We therefore rallied them 
heartily, all of which they bore with the best of humor. 
Our ox-teams had beaten their pack-animals, thus prov- 
ing that the race is not always to the swift. 

In passing down the valley, we encamped one even- 
ing near the house of an old settler named Potter. He 
lived in a very primitive style. His yard, in front of 
his adobe building, was full of strips of fresh beef, hung 
upon lines to dry. He was very talkative and boastful. 
He had been in the mines, had emjiloyed Indians to 
work for him, and had grown suddenly rich ; and, as 
his head was naturally light, it had been easily turned. 
He came to our camp and talked with us until about 
midnight. It was here that I first heard the word 
" prospecting " used. At first I could not understand 
what Potter meant by the term, but I listened patiently 
to our garrulous guest, until I discovered its meaning. 
When gold was first discovered in California, and any 
one went out searching for new placers, they would 
say, " He has gone to hunt for new gold-diggings." 
But, as this fact had to be so often repeated, some prac- 
tical, sensible, economical man called the whole process 
" prospecting." So perfectly evident was the utility 



272 RECOLLECTIONS OF AN OLD PIONEER. 

of this new word that it was at once universally 
adopted. 

We arrived in a few days at Captain Sutter's Hock 
Farm, so called from a small tribe of Indians in that 
vicinity. I called on the agent, and made some inqui- 
ries as to the mines. He replied that there was no ma- 
terial difference between the different mining localities, 
so far as he knew. Those on the Yuba River he knew 
to be good. 

We forded the Feather River a few miles below 
Hock Farm, and then took up this stream toward the 
Yuba, and encamped a little before sundown near the 
ranch o of Michael Nye. Dr. Atkinson, then practicing 
his profession in the valley, came to our camp. I in- 
quired of him who resided in that house. He replied, 
"Mr. Nye." " What is his Christian name ? " "Mi- 
chael." I had known Michael Nye in Missouri, and my 
brother-in-law John P. Rogers (who was with me) and 
Nye had been intimate friends when they were both 
young men. We at once called upon Nye at his house. 
He received us most kindly. He and his brother-in-law 
William Foster, with their families, were living to- 
gether. 

Next morning we left for the Yuba ; and, after 
traveling some eight or ten miles, we arrived at noon 
on the brow of the hill overlooking Long's Bar. Below, 
glowing in the hot sunshine, and in the narrow val- 
ley of this lovely and rapid stream, we saw the canvas 
tents and the cloth shanties of the miners. There was 
but one log-cabin in the camp. There were about eighty 
men, three women, and five children at this place. The 
scene was most beautiful to us. It was the first mining 
locality we had ever seen, and here we promptly decided 
to pitch our tent. We drove our wagons and teams 



ARRIVAL AT THE MINES. 273 

across the river into the camp, and turned out our oxen 
and horses to graze and rest. 

We arrived at the mines November 5, 1848 ; and 
the remainder of the day I spent looking around the 
camp. No miner paid the slightest attention to me, or 
said a word. They were all too busy. At last I ven- 
tured to ask one of them, whose appearance pleased me, 
whether he could see the particles of gold in the dirt. 
Though dressed in the garb of a rude miner, he was a 
gentleman and a scholar. He politely replied that he 
could ; and, taking a handful of dirt, he blew away the 
fine dust with his breath, and showed me a scale of gold, 
about as thick as thin paper, and as large as a flax-seed. 
This was entirely new to me. 

In the evening, when the miners had quit work and 
returned to their tents and shanties, I found a number 
of old acquaintances, some from Missouri and others 
from Oregon. Among those from Missouri were Dr. 
John P. Long and his brother "Willis, for whom this bar 
was named. I had not seen either of them for about 
six years, though our families were connected by mar- 
riage — Dr. Benjamin Long, another brother, having 
married my youngest sister, Mary Burnett. I was per- 
fectly at home here. 

Next day my brother-in-law John P. Rogers, my 
nephev/ Horace Burnett (both of whom had come with 
me from Oregon), and myself purchased a mining loca- 
tion, fronting on the river about twenty feet, and reach- 
ing back to the foot of the hill about fifty feet. We 
bought on credit, and agreed to pay for it three hun- 
dred dollars in gold dust, at the rate of sixteen dollars 
per ounce. We at once unloaded the two wagons, and 
sent them and the oxen and horses back to Nye's 
rancho, where we made our headquarters. 



274 RECOLLECTIONS OF AN OLD TIONEER. 

As already stated, I had brought from Oregon new 
and suitable plank for a rocker, in the bottoms of my 
wagon-beds. The only material we had to purchase for 
our gold-rocker was one small sheet of zinc. I went to 
work upon the rocker, which I finished in one day ; and 
then we three set to work on the claim with a will. I 
dug the dirt, Horace Burnett rocked the rocker, and 
John P. Rogers threw the water upon the dirt contain- 
ing the gold. "Within about three or four days we were 
making twenty dollars each daily, and we soon paid for 
our claim. We rose by daybreak, ate our breakfast by 
sunrise, worked until noon ; then took dinner, went to 
work again about half-past twelve, quit work at sun- 
down, and slept under a canvas tent on the hard ground. 

In the summer months the heat was intense in this 
deep, narrow, rocky, sandy valley. The mercury would 
rise at times to 118° in the shade. Dr. John P. Long 
told me that the sand and rocks became so hot during 
the day, that a large dog he had with him would suffer 
for water rather than go to the river for it before night. 
The pain of burned feet was greater to the poor dog 
than the pain of thirst. After our arrival the days were 
not so hot. 

This was a new and interesting position to me. Af- 
ter I had been there a few days I could tell, when the 
miners quit work in the evening, what success they had 
had during the day. When I met a miner with a silent 
tongue and downcast look, I knew he had not made 
more than eight or ten dollars ; when I met one with a 
contented but not excited look, I knew he had made 
from sixteen to twenty dollars ; but when I met one 
with a glowing countenance, and quick, high, vigorous 
step, so that the rocks were not much if at all in his 
way, I knew he had made from twenty to fifty dollars. 



THE DONNER PARTY. 275 

His tongue was so flexible and glib that he would not 
permit me to pass in silence, but must stop me and tell 
of his success. Ordinary hands were paid twelve dol- 
lars a day, and boarded and lodged by the employer. 
I knew one young man who had been paid such wages 
for some time, but finally became disgusted and declared 
he would not work for such wages. It cost a dollar 
each to have shirts washed, and other things in propor- 
tion. There was no starch in that camp, and shirts 
were not ironed. 

THE CONNER PARTY. 

During my stay in the mines I was several times at 
Nye's house, and on one occasion I was there three 
days. I became well acquainted with "William Foster 
and his family. Foster, his wife, and Mrs. Nye were 
of the Donner party, who suffered so much in the win- 
ter of 1846-'7. 

Mrs. Nye did not talk much, not being a talkative 
woman, and being younger than Mrs. Foster, her sister. 
Mrs. Foster was then about twenty-three years old. 
She had a fair education, and possessed the finest nar- 
rative powers. I never met with any one, not even ex- 
cepting Robert Newell of Oregon, who could narrate 
events as well as she. She was not more accurate and 
full in her narrative, but a better talker, than Newell. 
For hour after hour, I would listen in silence to her sad 
narrative. Her husband was then in good circum- 
stances, and they had no worldly matter to give them 
pain but their recollections of the past. Foster was a 
man of excellent common sense, and his intellect had 
not been affected, like those of many others. His state- 
ment was clear, consistent, and intelligible. In the fall 
of 1849 I became intimately acquainted with William 
13 



276 EECOLLECTIONS OF AN OLD TIONEER. 

H. Eddy, another member of the party. From these 
four persons I mainly obtained my information on this 
melancholy subject. I can not state all the minute cir- 
cumstances and incidents, but can only give the sub- 
stance as I remember it ; for I write from memory 
alone. 

The Donner party consisted of about eighty immi- 
grants, including men, women, and children. They 
were so called because the men who bore that name 
were the leading persons of the party. They decided 
for themselves to cross the Sierra Nevada by a new 
road. L. W. Hastings, then residing at Sutter's Fort, 
went out to meet the incoming immigration of that fall, 
and advised the Donner party not to attempt to open a 
new route ; but his advice was disregarded. He re- 
turned to the fort and reported the fact to Captain 
Sutter, who sent out two Indians, with five mules packed 
with provisions, to meet the party. 

The party had arrived at a small lake, since called 
Donner Lake, situated a short distance from the present 
site of Truckee City, and some fifteen miles from Lake 
Tahoe, and had erected two log-cabins upon the margin 
of Donner Lake, when the Indians arrived with the 
mules and provisions. This was in the month of No- 
vember, 184G. Up to this time there had been several 
comparatively light falls of snow. Foster said he pro- 
posed to slaughter all the animals, including the fat 
mules sent out by Captain Sutter, and save their flesh 
for food. This could readily have been done then, and 
the people could have subsisted until relieved in the 
spring. But the immigrants were not in a condition to 
accept or reject this proposition at once. They were 
unacquainted with the climate, could not well under- 
stand how snow could fall to the depth of twenty or 



THE DONNER TARTY. 277 

thirty feet, and were so much worn down by the tedium 
of the long journey, and the absence of fresh meat and 
vegetables, that they were not prepared to decide wisely 
or to act promptly. Besides, the idea of living upon 
the flesh of mules and poor cattle was naturally repug- 
nant to them. It is very probable that many of them 
considered such food unhealthy, and that, crowded as 
they were into two cabins, the use of such poor food 
might produce severe sickness among them, and many 
would die of disease. 

While they were discussing and considering this 
proposition, a terrible storm came up one evening, and 
snow fell to the depth of about six feet dui-ing the 
night. The poor animals fled before the driving storm, 
and all perished ; and next morning there was one wide, 
desolate waste of snow, and not a carcass could be found. 
The little supply of provisions they had on hand, includ- 
ing that sent by Captain Sutter, they saw could not last 
them long. They now fully comj^rehended their dread- 
ful situation. It was a terrible struggle for existence. 

It was soon decided to start a party across the moun- 
tains, on snow-shoes. This party consisted of ten men, 
including the two Indians, five women, and a boy twelve 
years old, the brother of Mrs. Foster. I once knew the 
names of the eight white men, but at this time I can 
only remember those of William H. Eddy and William 
Foster. The women were Mrs. Foster, Mrs. McCutch- 

in, Mrs. , then a widow, but subsequently Mrs. 

Nye, Mrs. Pile, a widow, and Miss Mary , sister of 

Mrs. Foster, and subsequently wife of Charles Covil- 
laud, one of the original proprietors of Marysville, so 
named for her. 

This little party left the cabins on snow-shoes, with 
one suit of clothes each, a few blankets, one axe, one 



278 RECOLLECTIONS OF AN OLD PIONEER. 

rifle with ammunition, and a small supply of provisions. 
The summit of the mountain where they crossed it was 
about fifty miles wide, and was covered with snow to 
the depth of ten to fifteen feet ; and they could only 
travel from five to eight miles a day. On the summit, 
and for some distance beyond it, not an animal could 
be found, as the wild game always instinctively fled be- 
fore the snows of winter to the foot-hills, where the 
snows are lighter, and where they could obtain food 
and escape from their enemies by flight. In the spring 
the wild grazing animals ascend the mountain as the 
snows melt, to crop the fresh grass and escape the flies. 
For the first few days they made good progi*ess ; 
but while they were comparatively strong they could 
kill no game, because none could be found, and their 
provisions were rapidly consumed. When they had 
reached the western side of the summit, they encamped, 
as usual, on the top of the snow. They would cut logs 
of green wood about six feet long, and with them make 
a platform on the snow, and upon this make their fire 
of dry wood. Such a foundation would generally last 
as long as was necessary ; but on this occasion it was 
composed of small logs, as the poor people were too 
weak from starvation to cut and handle larger ones ; 
and there came up in the evening a driving, blinding 
snow-storm, which lasted all that night and the next 
day and night. New snow fell to the depth of several 
feet. They maintained a good fire for a time, to keep 
themselves from freezing ; but the small foundation- 
logs were soon burnt nearly through, so that the heat 
of the fire melted the snow beneath, letting them down 
gradually toward the ground, while the storm above 
was falling thick and fast. Toward midnight they 
found themselves in a circular well in the snow about 



THE CONNER PARTY. 279 

eight feet deep, with the ice-cold water beginning to 
rise in the bottom. After the foundation was gone, 
they kept alive the fire by setting the wood on end and 
kindling the fire on the top. While they were in this 
condition, one of the Indians, who had been sitting and 
nodding next the snow-wall until he was almost frozen, 
made a sudden and desperate rush for the fire, upset- 
ting and putting it out. 

Eddy urged them to quit this well of frozen death, 
as it was impossible to live where they were, with their 
feet in ice-water. They all climbed out of the well, 
spread one blanket on the top of the snow, then seated 
themselves on this blanket, back to back, and covered 
their heads with the others. In this painful position 
they remained the rest of that night, all the next day 
and night, and until some time after sunrise the last 
morning. During this time four or five of their num- 
ber perished, one of whom was the boy. Mrs. Foster 
spoke of this young hero with the greatest feeling. 
His patience and resignation were of the martyr type. 
When they were reduced to half a biscuit each, he in- 
sisted that she should eat his portion as well as her 
own ; but this she refused. 

From this scene of death the survivors proceeded on 
their melancholy journey down the western side of the 
mountain. That evening, after they had encamped and 
kindled a blazing fire, one of the men, who had borne 
the day's travel well, suddenly fell doAvn by the fire, 
where he was warming himself, and expired. The cold, 
bracing air and the excitement and exertion of travel 
had kept him alive during the day ; but when he be- 
came warm his vital energies ceased. This is often the 
case under like circumstances. I have understood that 
deaths occurred in this manner among Fremont's men. 



280 RECOLLECTIONS OF AN OLD PIONEER. 

while making the trip from Oregon to California in the 
winter of 1843-'44, At this camp another of the men 
sat down by a pine-tree, leaned himself against it, and. 
died. 

The remainder of this suffering party continued 
their journey. All the other men dropped off one after 
another, at intervals, except Eddy and Foster. When 
they had almost reached the point of utter despair, 
Eddy saw a deer, and made a good shot, killing the ani- 
mal. This supplied them with food for a few days. 
After it was consumed, they met with some Indians, 
who furnished them with a small quantity of provi- 
sions. 

At length they arrived at the last encampment, and 
within six or eight miles of Johnson's rancho, on the 
eastern side of the Sacramento valley. Next morning 
Foster was unahle to continue the journey, and refused 
to make another effort to walk. Eddy was the stouter 
man of the two, and he proceeded on his tottering 
course, leaving Foster and the five women at the camp. 
It was all Eddy could do to walk ; but, most fortunate- 
ly, he soon found two friendly Indians, who kindly led 
him to Johnson's place, Eddy walking between them, 
with one hand on the shoulder of each Indian. 

They arrived at Johnson's house in the afternoon. 
Johnson was then a bachelor, but he had a man and his 
wife living with him. This lady was an admirable 
woman, full of humanity, and possessed of excellent 
sense, firmness, and patience. She knew from Eddy's 
condition what the poor sufferers needed. There were 
also several families of late immigi-ants residing tem- 
porarily in that vicinity. About ten men promptly as- 
sembled, and started for the camp, taking with them 
everything that was necessary. 



THE DONNER PARTY. 281 

The relief-men were piloted by tlie two humane In- 
dians, and reached the camp a little after dark. Foster 
said that, when they heard the men coming through the 
brush toward the camp, the women began to cry most pite- 
ously, saying they were enemies coming to kill them ; 
but Foster comforted and pacified them by declaring 
that the men coming must be friends. The relief -men 
soon came up, and were so much affected by the woful 
spectacle that for some time they said not a word, but 
only gazed and wept. The poor creatures before them, 
hovering around that small camp-fire, had been snowed 
on and rained on, had been lacerated, starved, and worn 
down, until they were but breathing skeletons. The 
clothes they wore were nothing but filthy rags, and 
their faces had not been washed or their heads combed 
for a month ; and the intellectual expression of the 
human countenance had almost vanished. No case of 
human suffering could have been more terrible. No 
wonder that brave and hardy men wept like children. 

Of all the physical evils that waylay and beset the 
thorny path of human life, none can be more apjialling 
than starvation. It is not a sudden and violent assault 
upon the vital powers, that instinctive and intellectual 
coiarage may successfully resist ; but it is an inexorable 
imdermining and slow wasting away of the physical 
and mental energies, inch by inch. No courage, no in- 
tellect, no martyr-spirit can possibly withstand this de- 
privation. When there is an entire deprivation of food 
it is said that the greatest pangs of hunger are felt on 
the third day. After that, the stomach, being entirely 
empty, contracts to a very small space, and ceases to 
beg for food ; and the sufferer dies from exhaustion, 
without any violent pain. But, when there is an insuffi- 
cient supply of food, the severe pangs of hunger must 



282 RECOLLECTIONS OF AN OLD PIONEER. 

be prolonged, and the aggregate amount of suffering 
before death is most probably increased. 

The relief-party did everything required for the poor 
sufferers, and next morning carried them to Johnson's 
house. The lady in charge was careful to give them at 
first a limited quantity of food at a time. It required 
all her firmness and patience to resist their passionate 
entreaties for more food. When the poor, starved crea- 
tures could not persuade they violently abused the good 
lady because she did not comply with their demands. 
Eddy said that he himself abused her in harsh terms. 
All this she bore with the kind patience of a good 
mother, waiting upon a sick and peevish child. 

I expressed my surprise to Eddy and Foster that all 
the women escaped, while eight out of the ten men per- 
ished, saying that I supposed it was owing to the fact 
that the men, especially at the beginning of the journey, 
had performed most of the labor. They said that, at 
the start, the men may have performed a little more 
labor than the women ; but, taken altogether, the wo- 
men performed more than the men, if there was any 
difference. After the men had become too weak to 
carry the gun, it was carried by the women. Women 
seem to be more hopeful than men in cases of extreme 
distress ; and their organization seems to be superior to 
that of men. A mother will sit up with and wait upon 
a sick child much longer than the father could possibly 
do. 

The Eddy party were about thirty days in making 
the trip. Other parties afterward left the cabins, and 
made their way into the settlement, after losing a con- 
siderable portion of their number on the way. Many 
died at the cabins from starvation. Forty-four of the 
Donner party escaped, and thirty-six perished. 



A LONELY GRAVE. 283 



A LONELY GEAVE — DEATH OF DAVID RAY — JOHN C. 
MCPHERSON. 

The first Sunday after my arrival in the mines, I was 
strolling on the side of the hill back of the camp, among 
the lonely pines, when I came suddenly upon a newly- 
made grave. At its head there was a rude wooden cross, 
and from this symbol of Christianity I knew it was the 
grave of a Catholic. I never learned anything of the 
history of the deceased. He was, most probably, some 
obscure and humble person. He had died and was 
buried before my arrival. 

" But the sound of the church-going bell 
These valleys and rocks never heard ; 
Or sighed at the sound of a knell, 
Or smiled when a Sabbath appeared." 

Another death occurred in camp, and while I was 
there. It was that of David Ray. He was about thir- 
ty-five years of age, and his wife about thirty. They 
had five children, the eldest a daughter about twelve. 
They started from the State of Indiana in the spring of 
1848, intending to locate in some one of the agricultural 
valleys of California, not then knowing that gold had 
been discovered. But when they arrived they deter- 
mined to stop in the mines for a time, and thus came to 
Long's Bar, on the Yuba River. 

Mr, Ray's business partner, Mr. Wright, was about 
the same age, unmarried, and sober, honest, industrious, 
and generous. He assisted Ray to build the only log- 
cabin in the camp, for his wife and children, without 
charge. This house was a rude sti'ucture of one room, 
about sixteen feet square, with a clapboard roof, wooden 



284 RECOLLECTIONS OF AN OLD PIONEER. 

cliimney, and dirt floor. Yet it was the palace of the 
camp, and was the only place where one could enjoy a 
cheerful fire without being annoyed by the smoke. At 
all the tents and cloth shanties we had to make our fires 
in the open air. 

About two weeks after my arrival Mr. Ray was at- 
tacked with fever, and died within a week. Neither he 
nor his widow had any relatives in California, and all 
the people of the camp were late acquaintances except 
Mr. Wright. Our tent was near Mr. Ray's house, and 
we soon became acquainted. He and his wife were de- 
voted Methodists. She was a small, delicate woman, 
with a sweet musical voice and an eloquent tongue. 

We buried him among the stately pines, in the open 
woods, where the winds might murmur a solemn and 
lonely requiem to his memory. All the people of the 
camp left their work and attended the burial ; and I 
never witnessed a more sorrowful scene. There were 
no tearless eyes in that assemblage. No clergyman was 
present ; but at the lonely grave of her husband Mrs. 
Ray made an impromptu address, which affected me so 
much that I soon wrote out its substance, preserving 
her own expressions so far as I could remember them. 
The following is a copy of what I then wrote : 

O David! thou art cold and lifeless. Little dost thou know 
the sorrows thy poor and friendless and sickly wife now suffers. 
Thou art gone from me and from our children for ever. Thon 
wert ever kind to me ; you loved me from my girlhood. O 
friends ! he was a man without reproach, beloved by all who 
knew him. He was a just man, honest in all his dealings. He 
did unto others as he wished they should do unto him. He 
defrauded no one. He was a pious and steady man ; a profane 
oath had never escaped his lips even from a boy; he was 
never found at the grog-shop or tlie gambling-table. lie it 



JOHN c. Mcpherson. 285 

was who lifted the prayerful hands. His creed was peace. lie 
died in his right mind, with a conscience void of reproach, and 
committed his children to my charge. The only thing that 
wounded his conscience was the reflection that, on the road 
from Indiana to this country, he was compelled to do things 
that grieved his righteous soul — he was compelled to labor on 
the Sabbath day. But he is gone to a better world, where his 
weary spirit wiU be at rest. Oh! if he had only died in a 
Christian land ! but the thought of his being buried in this lone- 
some and wicked place ! He has left me alone in a land of 
strangers, a poor, sickly, weakly woman. Who shall now read 
to me from the Bible, and wait upon me in my sickness? For 
months and years he waited upon his sickly wife, without a 
murmur. He was ever a tender husband to me, but he has gone 
and left me. Who is there here to sympathize with me? Ah 
me, what shall I do? 

While in the mines I became acquainted with John 
C. McPherson, a young, genial spirit from old Scotland. 
He was a generous soul, and cared little for wealth. On 
Christmas eve he composed a very pretty song, begin- 
ning " Yuba, dear Yuba." He has since written many 
poetical j)ieces, and many prose communications for the 
newspapers. One thing can be said of genial, kindly 
McPherson, that there is not a particle of malice in his 
composition. No one ever thought of suing him for 
libel, for he never wrote a harsh word of any one, living 
or dead. No one then in the mines except McPherson 
had poetic fire enough in his soul to write a song. We 
spent many pleasant evenings together, around the 
camp-fire, at Long's Bar. 



CHAPTER VII. 

LEAVE THE MINES — ARRIVE AT SUTTEr's FORT — BECOME 
THE AGENT OF JOHN A, SUTTER, JR. — CAPTAIN JOHN 
A. SUTTER DISCOVERT OF GOLD. 

I REMAINED in the mines until December 19, 1848. 
In the mean time I had sold my wagons and teams, and, 
altogether, had accumulated means enough to defray my 
expenses for six months. I knew that there must be 
business in my profession, and I found it would take me 
many long years to make enough in the mines to pay 
my debts. I therefore decided to quit the mines, and 
started with the intent to come to San Francisco ; but, 
upon my arrival at Sutter's Fort, I determined to stop 
there. 

Six of us left the camp at noon in an empty, un- 
covered wagon, drawn by oxen. It was a beautiful day, 
and that evening we drove to Johnson's ranch, which 
was about forty miles from the Fort. Next morning 
the oxen were missing, and were not found until about 
two hours before sunset. We at once set forward for 
Suttei''s Fort. The wind commenced blowing hard 
from the south, and rain began to fall briskly about 
dark. About midnight the wind suddenly changed to 
the north, blowing quite hard and cold, and snow fell to 
the depth of about three inches. We had determined 



ARRIVE AT SUTTER'S FORT. 287 

not to stop until we reached the Fort. Each of us took 
his turn at driving the team ; and we thus reached the 
Fort about 10 o'clock a. m., December 21. "Our journey 
was a most uncomfortable one, as we could neither keep 
ourselves warm nor sleep. We had traveled forty miles 
from Johnson's place without food, sleep, or rest. 

I found a number of old friends at the Fort ; and 
among them were Major Samuel J. Hensley, Major P. B. 
Reading, and Dr. William M. Carpenter. Dr. Carpen- 
ter had rented a small room in the Fort, and I proposed 
that we should keep our offices together, each paying half 
the rent and other expenses. As our professions did 
not clash, he readily assented to this, and we slept in 
the same rude bed, made by himself. We boarded at the 
hotel ; and in the morning I cut the wood and made the 
fire, while the doctor swept out the office and made up 
the bed. The doctor made about six hundred dollars a 
week by his practice and from the sale of medicines. 
Pie charged sixteen dollars for each dose or vial of 
medicine, or box of pills. 

I had only been at the Fort a few days when John 
A. Sutter, Jr., in whose name the Sutter grant of eleven 
leagues then stood, proposed to employ me as his attor- 
ney and agent. The terms agreed upon between us 
were such as his mercantile partner, Major Hensley, 
thought fair and just. I was to attend to all of his law 
business of every kind, sell the lots in Sacramento City, 
and collect the purchase money ; and for these services 
I was to receive one fourth of the gross proceeds arising 
from the sale of city lots. There was a heavy amount 
of old business to settle up ; and, while the labor was 
certain, the compensation was speculative, none of us 
then knowing whether the city would be at Sacramento 
or at Sutterville, a rival place about three miles below. 



288 RECOLLECTIONS OF AN OLD PIONEER. 

The city had been partially surveyed and mapped 
out by Captain William H. Warner, an army officer, who 
afterward completed the surveys and maps. Captain 
John A. Sutter, the original grantee, had conveyed his 
property, real and personal, to his son John A. Sutter, 
Jr., in the month of October, 1848. This was done 
to prevent one creditor, who threatened to attach the 
property, from sacrificing the estate, to the injury of 
the other creditors and the useless ruin of Captain Sutter 
and his family. There was no design to defraud the 
creditors ; but, on the contrary, time proved that the 
course pursued was the wisest and most just, under the 
circumstances, toward all the creditors. John A. Sutter, 
Jr., informed me at once that he was bound, under the 
agreement with his father, to pay all his just debts at 
the earliest practicable period. I saw both the justice 
and expediency of this arrangement, and set myself to 
work with energy to accomplish the end intended. By 
the middle of August, 1849, the last debt that ever came 
to my knowledge had been paid. 

The history of the settlement of Captain John A. 
Sutter in the Sacramento valley is so well known that I 
shall not enter into the subject at large ; but, in justice 
to that old pioneer, who did so much for California, 
I will state some facts that have not perhaps been fully 
given by others. He has lately, I am informed, made 
and published a statement himself, which I have not 
seen. What I state is solely from memory ; and, should 
there be any conflict in our recollections, I must yield to 
his superior knowledge. 

Captain Sutter came to California from Missouri 
(where he resided for a time) with little capital. He 
procured the grant of his eleven leagues of land from 
the Mexican authorities, went to the Sandwich Islands, 



CAPTAIN JOHN A. SUTTER. 289 

and there purcliased a small vessel and an outfit from 
Mr. William French on credit. With this craft and 
outfit he returned, and commenced his improvements. 
He soon purchased of Don Antonio Sunol, of San Jose, 
a band of California cattle on time. These two pur- 
chases together amounted to some six thousand dollars. 
Later he purchased the Bodega property on credit. 
Though he employed Indian labor at a low rate, yet his 
improvements cost him a large sum in the aggregate ; 
and this heavy expenditure of capital and labor was 
made long before he could realize any returns. He 
commenced his improvements in the wilderness, and 
among wild Indians, against whose apprehended attacks 
he had to make costly defensive preparations. The ex- 
penditure was certain, and necessarily made at the be- 
ginning, while the income was uncertain and late. 

About the time the veteran pioneer had his rancho 
well stocked with domestic animals, and his farm fairly 
under way, and, before he could have possibly paid his 
debts, the immigrants began to arrive across the plains 
at his establishment. They came in weary, hungry, and 
poor. He had all the supplies, and they had all the 
wants and no money. He was only one, and they were 
many. They out-talked and out-voted him. He could 
not see them starve. This no pioneer could stand, and 
especially a man of his generous nature. He was com- 
pelled, from- the very nature of the circumstances and 
the extreme necessities of the case, to supply their 
wants, and take in exchange their old wagons and 
broken-down teams, for which he had no profitable use, 
and which he could not convert into money. Being 
the father of the settlements in the Sacramento valley, 
he was also obliged to furnish the other settlers with 
supplies. Then all the traveling-parties passing through 



290 RECOLLECTIONS OF AN OLD PIONEER. 

that part of California would call on him for more or 
less assistance. There was almost an entire failure of 
crops one year. All things considered, he had a heavy 
burden to carry. 

It is not at all surprising that he could not save up 
money enough to pay his debts until after the discovery 
of the gold-mines. I am somewhat of a pioneer and 
business man myself, and I hesitate not to give it as 
my decided opinion that no man could, under the exact 
circumstances in which Captain Sutter was placed, have 
paid those debts before the discovery of gold. 

There were very few people then in the country, 
nearly all of whom were of one class and very poor, en- 
gaged in the same pursuits and exposed to a common 
danger, and, consequently, their friendships became so 
warm and devoted that one could not refuse to help an- 
other when in need. Property was almost held in com- 
mon. How could any pioneer refuse to aid a poor com- 
rade who would fight and die for him when occasion 
required ? The circumstances of a new country are so 
different from those of an old one that a different law 
of social life must prevail. A pioneer that refused to 
assist others liberally in the settlement of a new coun- 
try would be as isolated as Mitchell Gilliam in Oregon, 
with his tavern-sign hung up before his door, as related 
in a previous chapter. Men are men, and they can not 
resist appeals to their kindness under such circumstances. 
This is the reason why so few pioneers ever become rich, 
and remain so. 

Besides, Captain Sutter had a nobler object in view 
than the mere accumulation of a fortune for himself. 
His purpose was to colonize the great valley of the Sac- 
ramento, At the time gold was discovered, he had 
around him and in his immediate vicinity a number of 



DISCOVERY OF GOLD. 291 

colonists. He had established various industries, such 
as tanning, spinning and weaving, and cultivating a 
farm, and was engaged in the erection of a saw-mill. 
When I took charge of the business, I found, stowed 
away in a small room in the Fort, two or three looms, 
with the webs only partly woven, and several spinning- 
wheels, with the spools on the spindles partly filled, and 
the wool-rolls on the heads of the wheels unspun. I 
also found the tan-yard on the bank of the American 
Fork in ruins, the half -tanned hides having spoiled for 
want of attention. I did not see the saw-mill until 
October, 1849, and it evidently had never been finished. 
The discovery of gold in California is due to Captain 
Sutter. I obtained my information on this subject from 
Mr. Marshall, the actual discoverer, who at the date of 
the discovery was in the employ of Captain Sutter. 
The latter was engaged in erecting a saw-mill, to be 
propelled by water-power, at Coloma, on the South 
Fork of the American River some forty miles from Sut- 
ter's Fort. At the site selected the river makes a con- 
siderable bend, forming a peninsula from two to three 
hundred yards wide at the point where the ditch and 
tail-race were cut across it. From the river above they 
cut a ditch about a hundred and fifty yards in length, 
and there put up the frame of the mill, and put in the 
flood-gate to let the water upon the wheel. It became 
necessary to construct what is called a tail-race, to en- 
able the water to escape freely from the mill to the 
river below. The ground through which the ditch and 
tail-race were cut had a descent of about a hundred and 
fifty feet to the mile ; and the formation was composed 
of a stratum of sand on the surface about two feet deep 
and beneath this was a stratum of clay. Intermixed 
with these strata of sand and clay were found rocks of 



292 RECOLLECTIONS OF AN OLD PIONEER. 

various shapes and sizes, from tliat of a man's hat to 
that of a flour-barrel. 

The plan adopted by Marshall, the superintendent, 
was to pry up the stones in the line of the tail-race with 
crowbars, and put them aside during the day ; and in 
the evening to raise the flood-gate, and let the water 
run down the tail-race all night. This would wash 
away the loose clay and sand, but would not remove 
the rocks. In the morning the water was shut off, and 
the men again went to work, putting aside the stones in 
the bed of the tail-race. After two or three days all 
the sand had disappeared, and the water had washed 
down to the stratum of clay, upon and in which the 
gold rested. Marshall, one morning after the water 
had been shut off, was walking along down the bank of 
the tail-race, when he discovered several pieces of some 
very bright metal in a little pool of water in the bot- 
tom of the race. It occurred to him at once that it 
might be gold ; and upon gathering it up he was satis- 
fied, from its appearance and weight, that it was gold. 
This occurred on the 19th of January, 1848. 

Thus, this great discovery was owing to the act of 
Captain Sutter. But for that, the gold might have re- 
mained undiscovered for a century to come. No one 
can tell. We only know the fact that he was the cause 
of the discovery. 

The discovery of gold at once so excited the people 
that they promptly left everything for the mines, and 
no other industry but mining was thought of for a time. 
The spectacle of such a sudden destruction of property 
and change of pursuit was enough to cause much pain 
to the old pioneer. Though made rich by the change, 
he often spoke of it with much feeling, as I was in- 
formed upon good authority. 



SELLING LOTS IN SACRAMENTO. 293 

In his treatment of the Indians, Captain Sutter was 
humane, firm, and just. I remember well that, in the 
winter of 1848-'49, the Indians would often call at the 
Fort, and anxiously inquire for him, to protect them 
from wrong. They evidently had the greatest confi- 
dence in his justice. He had been their friend and pro- 
tector for years ; but his power was then gone. 

SELLING LOTS IN SACKAMENTO — NECESSITY OP SOME 

GOVERNMENTAL ORGANIZATION PUBLIC MEETING AT 

SACRAMENTO CITY. 

When I began to sell lots in Sacramento City for 
John A, Sutter, Jr., early in January, 1849, all the busi- 
ness was done at the Fort, situated about a mile and a 
half from the river. There were then only two houses 
near the embarcadero, as the boat-landing was then 
called. One was a rude log-cabin, in which a drinking 
saloon Avas kept ; and the other, also a log-cabin, was 
occupied by an excellent old man named Stewart and 
his family. Nearly all the first sales were of lots near 
the Fort ; but toward the end of January the lots near 
the river began to sell most rapidly. The prices for 
lots in the same locality were fixed and uniform ; and I 
made it an inflexible rule not to lower the prices for 
speculators, thus preventing a monopoly of the lots. 
I discouraged the purchase of more than four lots by 
any one person, I said to those who applied for lots : 
" You can well afford to buy four lots, and can stand 
the loss without material injury if the city should fail ; 
but, if it should succeed, you will make enough profit 
on this number." This moderate and sensible advice 
satisfied the purchasers, and built up the city. The 
terms were part cash and part on time, the purchaser 



29J: RECOLLECTIONS OF AN OLD PIONEER. 

giving his note for the deferred payment, and receiving 
a bond for a warranty deed when the note should be 
paid. 

I had been at the Fort only a few days when the 
question arose as to some governmental organization. 
The great majority of the people then in California 
were within the district of Sacramento. Business was 
remarkably brisk, and continually increasing. Lots 
were selling rapidly, and who should take the acknowl- 
edgments and record the deeds ? The war between 
the United States and Mexico had terminated by a ces- 
sion of California to our country ; and we were satisfied 
tliat the military government, existing during and in 
consequence of the war, had ceased. We knew nothing 
of the laws of Mexico, and had no means of learning. 
They were found in a language we did not understand, 
and we had no translations, and for some time could 
have none. In the mean time business must go on. 
We were of the opinion that we had the right to estab- 
lish a de facto government, to continue until superseded 
by some legitimate organization. This de facto govern- 
ment would essentially rest upon the same basis as the 
provisional government of Oregon. 

We accordingly held a public meeting at Sacramento 
City early in January, 1849, at which we elected Henry 
A. Schoolcraft as First Magistrate and Recorder for 
the District of Sacramento. Our rules were few and 
simple, and were merely designed to enable the people 
to go on with their necessary business for the time. 
This action was sanctioned by the people of the district. 

But this anomalous and embarrassing position gave 
rise to efforts for instituting some regular organization 
for all California. For this purpose meetings were held 
in several places, and delegates elected to attend a con- 



NECESSITY OF GOVERNMENTAL ORGANIZATION. 295 

vention to frame a provisional government. The first 
meeting was held at San Jose, December 11, 1848 ; the 
second at San Francisco, December 21, 1848 ; and the 
third at Sacramento City, January 6 and 8, 1849. The 
history of these efforts, resulting at last in the forma- 
tion of the State government, may be mainly found in 
the " Weekly Alta California " for the year 1849. There 
is but one complete file in existence, the others having 
been destroyed by the several fires in San Francisco. 
The paper was then published by Edward Gilbert, Ed- 
ward Keemble, and George C. Hubbard, The file now 
in existence is to be found in the State Library at Sac- 
ramento. 

" The recent large and unanimous meetings in the 
Pueblo de San Jose and in this town, in favor of imme- 
diate action for the establishment of a provisional gov- 
ernment, are believed to be a fair index of the feeling 
of the community throughout the Territory. That some 
steps should be taken to provide a government for the 
country, in the event that the United States Congress 
fail to do so at the present session, is obvious ; and that 
the plan proposed by the resolutions of the San Fran- 
cisco meeting is the most proper and feasible, we think 
beyond a doubt." (Editorial, "Alta," January 4, 1849.) 

It will be seen that San Francisco was then called a 
" town." 

Colonel Thomas H. Benton addressed a letter to the 
people of California, under date of August 27, 1848, 
from which I take the following extracts, as found in 
the "Alta" of January 11, 1849 : 

The treaty with Mexico makes you citizens of the United 
States. Congress has not yet passed the laws to give you the 
blessings of our government, and it may be some time before 
it does so. In the mean time, while your condition is anoraa- 



296 EECOLLECTIONS OF AN OLD PIONEER. 

lous aud critical, it calls for the exercise of the soundest dis- 
cretion and the most exalted patriotism on your part. The 
temporary civil and military government established over you 
as a right of war is at an end. . . . 

Having no lawful government, nor lawful ofHcers, you can 
have none except by your own act ; you can have none that 
can have authority over you except by your own consent. 

The proceedings of the meeting at Sacramento City 
are found in the " Alta " of January 25, 1849 : 

Provisional Government — Meeting at Sacramento City. 

At a meeting held at Sacramento City, on the 6th day of 
January, 1849, to take into consideration the necessity and pro- 
priety of organizing a Provisional Government for the Territory 
of California, Peter H. Burnett was chosen President ; Frank 
Bates and M. D. "Winship, Vice-Presidents ; and Jeremiah Sher- 
wood and George McKinstry, Secretaries. 

On motion, a committee of five was appointed by the Presi- 
dent to draw up a preamble and resolutions expressive of the 
sense of this meeting. The committee was composed of Samuel 
Brannan, John S. Fowler, John Sinclair, P. B. Reading, and 
Barton Lee. The committee, having retired a few moments, 
returned, and asked for further time to report ; whereupon, on 
motion, the meeting adjourned to meet again on Monday even- 
ing next. 

Monday, January 8, 1849. 

The meeting again assembled pursuant to adjournment. The 
Secretaries being absent, on motion, Eobert Gordon was re- 
quested to act as Secretary. Tlie committee appointed at the 
last meeting for that purpose made its report, which, after un- 
dergoing a few slight amendments, was adopted, as follows : 

" Whereas, The Territory of California having by a treaty 
of peace been ceded to the United States ; and the recommenda- 
tion of the President to Congress to extend the laws of the 
United States over this Territory has not been acted upon by 
that body, and the citizens of this Territory are thus left with- 
out any laws for the protection of their lives and property ; 



PUBLIC MEETING AT SACRAMENTO CITY. 297 

^^ And whereas, The frequency and irapuuity with which 
robberies and murders have of late been committed have deeply 
impressed us with the necessity of having some regular form of 
government, with laws and officers to enforce the observance 
of those laws ; 

" And ichereas, The discovery of large quantities of gold has 
attracted, and in all probability will continue to attract, an im- 
mense immigration from all parts of the world, as well as from 
the United States, thus adding to the present state of confusion, 
and presenting temptation to crime ; 

" Therefore — trusting In the sanction of the government and 
people of the United States for the course to which by the 
force of circumstances wo are now impelled, for our own and 
for the safety of those now coming to our shores — 

'■'■ Hesolced, That in the opinion of this meeting it is not only 
proper, but the present precarious state of affairs renders it very 
necessary, that the inhabitants of California should form a Pro- 
visional Government to enact laws and appoint officers for the 
administration of the same, until such time as Congress see fit 
to extend the laws of the United States over this Territory. 

'■'■ Eesolved, That while, as citizens of California, we deeply 
lament the, to us, unaccountable inactivity toward us by the 
Federal Congress, as manifested in their neglect of this Terri- 
tory, yet, as citizens of that great and glorious Eepublic, we shall 
in confidence wait for, and when received shall joyfully hail, the 
welcome intelligence that a proper territorial 'government has 
been formed by the Congress of the United States for the Ter- 
ritory of California. 

'•^ Resolved 1 That we fully concur in opinion with the meet- 
ings held at San Jose and San Francisco in favor of establishing 
a Provisional Government, and that we recommend to the in- 
habitants of California to hold meetings and elect delegates to 
represent them in the convention to be assembled at San Jos6 
on Monday, 5th March, 1849, at 10 A. m., for the purpose of 
drafting and preparing a form of government to be submitted 
to the people for their sanction. 

'■'■ Eesohed, That an election beheld by the people of this 
district, in this room, at 10 a. m. on Monday next, by ballot, for 



298 RECOLLECTIONS OF AN OLD PIONEER. 

five delegates to represent this district in the proposed con- 
vention. 

'■'■Resolved, That the President appoint a Corresponding 
Committee of three persons to communicate with the other dis- 
tricts, and otherwise farther the object of this meeting. 

'■''-Resolved, That Messrs. Frank Bates, Barton Lee, and Albert 
Priest be a committee of three to act as judges of the election 
of delegates." 

Tlie report was unanimously adopted. 

On motion of Samuel Brannan, a resolution was offered that 
our delegates be instructed to oppose slavery in every shape and 
form in the Territory of California. Adopted. 

On motion of Mr. Brannan, it was resolved that, in case of 
the resignation or death of either of the delegates, the remain- 
der be empowered to elect one to fill the vacancy. 

The President, in pursuance of the fifth resolution, appointed 
Messrs. Frank Bates, P. B. Reading, and John S. Fowler, a 
Corresponding Committee. 

On motion of Samuel Brannan, it was resolved that the pro- 
ceedings of this meeting be published in the " Alta California." 

On motion, the meeting adjourned. 

Peter IT. BrRXETT, PresH. 
EoBEiJT Gordon, Sec'y. 

Edwai'd Gilbert, James C. Ward, and George Hyde, 
Corresponding Committee for the district of San Fran- 
cisco, published a recommendation, dated January 24, 
1849, that the meeting of the Convention be postjDoned 
from March 5 to May 1, 1849. 

A Territorial Goternvient. 

Oar readers will be assured, on perusing on oar first page 
the article from the New York " Journal of Commerce " headed 
" Present State of the Question," that it is to the institution of 
slavery we owe the non-establishment of a Territorial Govern- 
ment in this country. And they will have reason to fear, as 



SACRAMENTO CITY AND SUTTERVILLE. £99 

we do, that another session of Congress may transpire without 
giving us the government we so much need, in consequence of 
the divisions and jealousies likely to grow out of the same sub- 
ject. (Editorial, " Alta," February 15, 1849.) 

RIVALRY BETWEEN SACRAMENTO AND SUTTERVILLE 

JOURNEY TO SAN FRANCISCO — WONDERFUL COINCI- 
DENCES STATE OF SOCIETY. 

In the month of March, 1849, the rivalry between 
Sacramento City and Sutterville was at its greatest 
height ; and, as the ships from the Eastern States were 
soon to arrive, full of passengers coming to the gold- 
mines, it was deemed best for the interests of Sacra- 
mento City that I should spend a few weeks in San 
Francisco. I started for San Francisco about the mid- 
dle of March on board a small schooner. We had some 
forty passengers. 

On our way, and soon after we left Sacramento City, 
I was lying in a berth below, when Richard D. Tomey 
came to me and said that, though he was a wicked man 
himself, he was pained to hear a man on board speak 
against the Christian religion as he had done, and de- 
sired me to go on deck and engage in a discussion with 
him. This I declined to do. The unbeliever was about 
fifty years of age, had read much, was a man of consid- 
erable ability, and seemed quite sincere in his opinions, 
and therefore outspoken in his opposition to Christian- 
ity. 

On our way down the Sacramento River, this gentle- 
man and myself had frequent familiar conversations 
upon other than religious subjects. I soon learned that 
he was a native of Tennessee. He gave me a very full 
histoiy of himself and family ; and among other inci- 
dents he mentioned the death of his only sou. His sor 
14 



300 RECOLLECTIONS OF AN OLD PIONEER. 

was a bright and pi'omising youth of sixteen, had been 
most carefully educated, and was an admirable scholar 
for his age, speaking several languages well. I could 
see that his love for his boy was intense, and all that a 
father could have for his child. 

He said that he was a farmer at the time, and was 
engaged in inclosing a ten-acre tract of land, with a 
staked-and-ridered fence. The fence was made of split 
rails and stakes, and he had put up the rails until the 
fence was ready to receive the stakes. For the pur- 
pose of making my meaning clear, I will assume that 
the fence ran to the cardinal points, and inclosed a 
square piece of ground. He was engaged in hauling 
the stakes in his wagon, and put out two stakes at each 
corner of the fence. He could haul from seventy to 
eighty stakes at each load, and had put the stakes along 
the northern line of the fence, and part of the way down 
the western line, toward the southwest corner of the 
field. The stakes he was hauling at the time were 
found south of the new inclosure ; and, as he came along 
the western line toward the northwest corner of the 
field, he decided that he would guess the corner of the 
fence where he should put out the first two stakes, so 
as to have just the numher to reach the point where he 
had placed the last stakes of the precedmg load. He 
did not count the number of fence-corners between him 
and the stakes already placed in position, nor had he 
counted the number of stakes in his wagon. He com- 
menced and put out two stakes at a certain corner ; 
and, in the very act of doing so, a sudden thought 
flashed through his mind that, in case the stakes should 
last him to the other stakes, and none be left over, his 
son, then in perfect health, would die within a week. 
To his surprise, he had just stakes enough to fill the 



WONDERFUL COINCIDENCES. 301 

gap ; and, to his extreme sorrow, his sou was taken sick 
the next day, and died within the week. 

These coincidences were, indeed, most wonderful. 
First, there was one chance in two that there would be 
an even number of stakes on the wagon. Second, there 
was about one chance in five that he should have begun 
at the right corner. Third, there was one chance in 
many thousands that the thought should have flashed 
through his brain at the very instant that he threw out 
the first two stakes. Fourth, there was one chance in 
two thousand that the death of his son should have fol- 
lowed, as it did, within the time apprehended. Fifth, 
there was one chance in many millions that all the cir- 
cumstances should have concurred. Take a combina- 
tion bank-lock with one hundred numbers, and set the 
combination on four numbers — say, 16, 95, 20, and 7 ; 
and a burglar would have one chance in one hundred 
millions to guess the combination. If the lock were 
only set on one number, there would be one chance in 
a hundred, but it is the coyyibination of several numbers 
that diminishes the chances so wonderfully. 

These strange coincidences greatly puzzled this un- 
believer. He expressed to me his extreme surprise. He 
had been most fondly attached to his son, and seemed 
to have set his whole heart upon him. I only state the 
facts, and leave every one to draw his own conclusions. 

I arrived in San Francisco on Friday, March 23d. It 
was then but a village, containing about one thousand 
five hundred inhabitants. Of them, fifteen were women, 
five or six were children, and the remainder were nearly 
all young men, very fein being over forty. It was dif- 
ficult to find a man with gray hair. I had never seen 
so strange a state of society until I arrived in California, 
although I had been a j)ioneer most of my life. To see 



302 RECOLLECTIONS OF AN OLD PIONEER. 

a community composed almost exclusively of young 
men engaged in civil pursuits was, indeed, extraordinary. 
In point of intelligence, energy, and enterprise, they 
could not be exceeded, if equaled, by the same number 
found anywhere else. At Sacramento City there was 
about the same proportion of men, women, and children. 
"Women were then queens, and children angels, in Cali- 
fornia. 

Sunday, March 25, 1849, was a bright, genial, beau- 
tiful day ; and, as I was standing in Kearney Street, 
about ten o'clock a. m., I saw, on the oj^posite side of 
Portsmouth Square, two little girls, about seven years 
old, dressed in pure white. They were about the age 
of my youngest child, Sallie, and they appeared to me 
the most lovely objects I had ever seen. How beautiful 
are innocent children ! I had not seen my loved ones 
for more than six months, and this spectacle went to my 
heart. I had it from good authority that, in the fall of 
1849, a beautiful flaxen-haired little girl, about three 
years old, was often seen playing upon a veranda at- 
tached to a house on Clay Street, between Montgomery 
and Kearney, and that hardy miners might be seen on 
the opposite side of Clay Street gazing at that lovely 
child, while manly tears ran down their bronzed cheeks. 
The sight of that j^rattling child revived memories of 
the peaceful, happy homes they had left, to hunt for 
gold on a distant shore. 

In coming from Sacramento to San Francisco in 
April, 1872, on board a steamer, I made the acquaint- 
ance of an intelligent man, who had been a member of 
the Legislature of California. This gentleman informed 
me that he came to California in 1849, when sixteen 
years of age, with an uncle of his, who was as kind to 
him as a fathei'. They located at a remote mining 



SAILING SHIPS ARRIVE WITH GOLD-SEEKERS. 303 

camp, far in tlie mountains, and had been there some 
months when he learned, one evening, that a woman 
had arrived at another mining locality, some forty miles 
distant. He said he had not seen a lady for six months, 
and he went to his uncle and said : " Uncle, I want you 
to lend me Jack to-morrow." " What do you want with 
him, my son ? " "I have heard that there is a woman 

at camp, and I want to go and see her." " Well, 

my son, you can take the mule, and go and see the lady." 
Next morning he was off by daybreak, and never stopped 
until he arrived at the place and saw the lady. She 
was an excellent married woman, and treated the boy 
with great kindness, esteeming his visit as a sincere 
compliment to her sex. 

I had seen society in Oregon, without means, with- 
out spirituous liquors, and without a medium of ex. 
change ; but there was a due proportion of families, and 
the people rapidly improved in every respect. In Cali- 
fornia, however, there were few women and children, 
but plenty of gold, liquors, and merchandise, and almost 
every man grew comparatively rich for the time ; and 
yet, in the absence of female influence and religion, the 
men were rapidly going back to barbarism. 

SAILING SHIPS ARRIVE WITH GOLD-SEEKERS THEIR 

SPECULATIVE CHARACTER GOLD-WASHING MACHINES 

CLIMATE OP SAN FRANCISCO. 

Within a few days after my arrival in San Francisco 
the sailing ships from the East began to arrive, full of 
gold-seekers, who were well provided with outfits, con- 
sisting of clothing, towels, brushes, and other articles, 
many of which were not much used in the mines. Many 
of them had much greater supplies than they required, 



304: RECOLLECTIONS OF AN OLD PIONEER. 

and others were destitute of the means to pay their ex- 
penses to the mines. As large objects appear small in 
the distance, most of these people supposed when they 
left home that their journey would about end at San 
Francisco. In this they found themselves mistaken. 
They had many miles yet to travel, and the expenses 
of travel in California were much greater in proportion 
to distance than at home. These people would congre- 
gate in and around Portsmouth Square, and you could 
see many auctions going on at the same time. The 
owner of the articles to be disposed of would turn up a 
barrel on end, and from his trunks alongside he would 
draw out his goods, and sell them to the highest bidder 
for gold dust at sixteen dollars per ounce, there being 
little or no coin in the country. 

One of the greatest proofs of the speculative charac- 
ter of the gold-seekers was found in the various gold- 
washing machines brought to California. When the 
discovery of gold was fully believed in the States east 
of the Rocky Mountains, many inventive minds set to 
work to construct machines for washing out the gold. 
It was interesting and very amusing to see the number 
and variety of these most useless things. They had 
been brought in many cases across the Isthmus of Da- 
rien, at great expense and labor, and upon arrival were 
only fit for fuel. Many of the owners of these machines 
would not believe the statements of those who had been 
in the mines, but carried them to Sacramento City, 
where they were compelled at last to abandon them on 
the bank of the river. Some few of these machines 
were brought across the plains in wagons. 

I knew a tinsmith named Coleman in Weston, Mis- 
souri, who invented and constructed an iron gold-wash- 
er weighing from ten to twelve hundred pounds, and 



GOLD-WASHING MACHINES. 305 

sold it to another man I knew well in the same place, 
named Murphy, a hotel-keeper, who was a sound busi- 
ness man, and well off. He purchased an extra wagon 
and ox-team for that machine. When he arrived within 
four days' travel of Sacramento City, in the fall of 1849, 
he left the men in charge of his two wagons and teams, 
and came on in advance of them on horseback. By 
some means his acquaintances had heard that he was 
bringing this machine overland, and they inquired of 
him whether it was true. He stoutly denied it, intend- 
ing to return and meet his wagons before they could 
arrive at the City, and secretly put out the machine in 
the night by the wayside. But he miscalculated the 
time it would take the wagons and teams to arrive ; and, 
the first thing he knew, they were in the City. " The 
boys " at once surrounded and searched his wagons ; 
and in the bottom of one of them, well concealed, they 
found the machine. Perhaps no man was ever more 
thoroughly quizzed than Murphy. He was a man who 
boasted of his shrewd sagacity. The thing was thrown 
out in the rear of my office on J Street in Sacramento, 
where I saw it many times, and where no doubt it lies 
buried to this day. 

For days and days I would stand on Kearney Street, 
in front of Naglee's Bank, near the Square, and talk to 
the newly arrived. I had been in the mines myself, had 
" seen the elephant," and could give them any informa- 
tion they desired. The simple absurdity of many of 
their questions severely tested my risible faculties ; but 
I restrained my laughter, remembering that I had been 
green myself, and answered all their various questions 
kindly and truthfully. I have seen them, on their way 
to Sacramento City, take their spades and pans, shovel 
up the sand on the bank of the Sacramento River, and 



306 RECOLLECTIONS OF AN OLD PIONEER. 

wash it out in their pans ; and, when they had discovered 
a scale of mica, it was most interesting to watch the 
ardent expression of their faces, until they found that 
all that glitters is not gold. 

I will not attempt a lengthy descrijition of the young 
and great city of San Francisco. I have seen it rise 
from the rough, irregular eand-hills and ridges of the 
original site, to the paved streets and magnificent build- 
ings of a city of three hundred thousand people, from 
every considerable clime and kingdom of the earth. 
I have seen the events of several generations crowded 
into one. 

No climate, so far as I know, is superior to that of 
San Francisco, taken as a whole. It is never too cold 
nor too warm for outdoor work in this city. For ten 
months in the average year building and other outdoor 
work can go on most successfully. For eight months 
in the year we can know, with reasonable certainty, 
what kind of weather we are to have. If we have a 
picnic or other occasion to attend, we know there will 
be no disappointment in consequence of bad weather. 
We know how to estimate correctly, in advance, what 
we can accomplish within a time stated. The fact that 
so little time is lost in consequence of bad weather is 
one great cause of the city's rapid improvement. Men 
can do more outdoor work here than elsewhere in a 
year, A fine frame or brick building can be commenced 
after the rainy season has passed, and securely covered 
in before any rain falls to injure or impede the work. 

UNSATISFACTORY CONDITION OF THE GOVERNMENT OF 
THE DISTRICT OF SAN FRANCISCO. 

I had not been in San Francisco more than ten days 
before I became fully aware of the unsatisfactory con- 



GOVERNMENT OF SAN FRANCISCO. 307 

dition of the government of this district. The alleged 
facts are concisely and clearly stated in the editorial of 
the " Alta California " of March 29, 1849, from which I 
make the following extracts : 

In August, 18J:T, Governor Mason, by reason of many com- 
plaints against the ill-defined powers and assumptions of the 
Alcalde, authorized the election of six citizens to constitute a 
Town Council. This body continued in existence until the 31st 
of December, 1848, when it expired by limitation. They passed 
a law authorizing a new election on December 27tb for seven 
members of a new council to succeed them. Tliis election was 
duly held, but a majority of the old council was not satisfied 
with the result, and declared the election nugatory because 
fraudulent votes were polled thereat, and ordered a new one. 
Four fifths of the citizens thought that this was an unwarrant- 
able assumption of power on the part of the council, and they 
would not attend a new election. An election was held, how- 
ever, by the factiouists, and we then had the spectacle of three 
town councils in existence at one and the same time. The old 
council finally voted itself out of existence on the 15th of 
January, 1849, and the other two kept up a cross-fire of coun- 
ter enactments for a few weeks longer. Despairing of ever 
being able to establish public justice upon a proper basis so 
long as the people were at the mercy of this ofiicer, a con- 
vention of the people of this district was then called, at which 
it was resolved to elect a legislative assembly of fifteen mem- 
bers, who should have power to make such laws as might be 
deemed necessary, "provided they did not conflict with the 
Constitution of the United States, nor the common law thereof." 

The legislative body, to correct these abuses, and inasmuch 
as the people had elected three justices of the peace, fixed a 
day upon which the office of Alcalde should cease, and ordered 
him to hand over his books and papers to Myron Norton, 
Esq., a newly elected justice. 

The proceedings of the meeting of citizens men- 
tioned in the preceding remarks are published in 



308 RECOLLECTIONS OF AN OLD PIONEER. 

the "Alta California" of February 15, 1849, as fol- 
lows : 

Public Meeting. 

A public meeting of tlie citizens of the town and district 
of San Francisco was held in the Public Square on Monday 
afternoon, the 12th instant, in accordance with previous 
notice. 

The meeting was organized by calling M. Norton to preside, 
and T. W. Perkins to act as secretary. The chairman, after 
reading the call of the meeting, opened it more fully by lucidly 
but succinctly stating its objects ; when Mr. Hyde, on being in- 
vited, after some preliminary remai-ks, submitted the following 
plan of organization or government for the district of San Fran- 
ciso: 

" Whereas^ We, the people of the district of San Francisco, 
perceiving the necessity of having some better defined and 
more permanent civil regulations for our general security than 
the vague, unlimited, and irresponsible authority that now 
exists, do, in general convention assembled, hereby establish 
and ordain : 

" Aeticle I. 

"Section 1. That there shall be elected by ballot a Legisla- 
tive Assembly for the district of San Francisco, consisting of 
fifteen members, citizens of the district, eight of whom shall 
constitute a quorum for the transaction of business, and whose 
power, duty, and office shall be to make such laws as they, in 
their wisdom, may deem essential to promote the happiness of 
the people, provided they shall not conflict with the Constitu- 
tion of the United States, nor be repugnant to the common law 
thereof. 

"Sec. 2. Every bill which shall have passed the Legisla- 
tive Assembly shall, before it becomes a law, be signed by 
the Speaker and the Eecording Clerk. 

" Seo. 3. It shall keep a journal of its proceedings, and de- 
termine its own rules. 

" Seo. 4. The members of (he Legislative Assembly shall 



THE LEGISLATIVE ASSEMBLY. 399 

enter upon the duties of their office on the first Monday of 
March. 

" Article II, 

" Seo. 1. That, for the purpose of securing to the people a 
more efficient administration of justice, there shall be elected 
by ballot three justices of the peace, of equal though separate 
jurisdiction, who shall be empowered by their commission of 
office to hear and adjudicate all civil and criminal issues in this 
district, according to the common law, as recognized by the 
Constitution of the United States, under which we live. 

" Seo. 2. That there shall be an election held, and the same 
is hereby ordered, at the Public Institute, in the town of San 
Francisco, on "Wednesday, the twenty-first day of February, 
1849, between the hours of eight a. m. and five p. m., for fifteen 
members of the Legislative Assembly for the district of San 
Francisco, and three justices of the peace, as hereinbefore pre- 
scribed. 

" Sec. 3. That the members of the said Legislative Assem- 
bly, and the three justices of the peace elected as hereinbefore 
prescribed, shall hold their office for the term of one year 
from the date of their commissions, unless sooner superseded 
by the competent authority from the United States Govern- 
ment, or by the action of the Provisional Government now 
invoked by the people of this Territory, or by the action of 
the people of this district. 

" Sec. 4. Members of the Legislature and justices of the 
peace shall, before entering on the duties of their respective 
offices, take and subscribe the following oath : 

" ' I do solemnly swear that I will support the Constitution 
of the United States, and government of this district, and that 
I win faithfully discharge the duties of the office of ac- 
cording to the best of my ability.' '" 

Mr. Harris moved the adoption of the entire plan, which 
was seconded. . . . and was carried almost unanimously. . . . 

On motion of Mr. Roach, it was 

" Rewlved, That the persons who were elected on the 2Vth 
day of December last, to serve as a Town Council for the year 
1849, and those who were elected for the same purpose on the 



310 RECOLLECTIONS OF AN OLD PIONEER. 

15th of January, 1849, be and are hereby requested to tender 
their resignations to a committee selected by this meeting to 
receive the same." 

Messrs. Ellis, Swasey, Long, Buckalew, and Hyde were 
elected such committee. 

On motion, it was 

" Resolved, That these proceedings be published in the 'Alta 

California.' " 

Myeon Noeton, PresH. 

T. W. Peekins, Sec'y. 

I have omitted some unimportant portions of the 
proceedings. 

It appears that the military authorities i^ronounced 
the action of the Legislative Assembly null and void, 
and that the Alcalde had refused to deliver up the pa- 
pers of his office to the person designated by the Assem- 
bly. This broiight up the question as to the right of 
the people of California to organize a provisional Gov- 
ernment. 

General Mason was military Governor of California 
during the war with Mexico, and was succeeded by Gen- 
eral Riley. At the time I was in San Francisco on my 
first visit, General Persifer F. Smith was in command 
temporarily as the superior officer of General Riley. I 
remember that I had a friendly conference with General 
Smith in regard to our civil government. lie was a 
most admirable man — kind, candid, courteous, and dig- 
nified. He seemed to regret very much the unsatisfac- 
tory condition of governmental aifairs in California, but 
still thought there was no remedy by the action of our 
people. I differed with him in opinion, and about the 
20th of April, 1849, sent to the " Alta California " the 
following communication, which appeared in the num- 
ber of that paper issued April 26, 1849 : 



COMMUNICATION TO THE "ALTA CALIFORNIA." 311 

COMMUNICATION TO THE " ALTA CALIFORNIA " — FAILUKE 
OF THE ATTEMPT TO HOLD A CONVENTION TO FRAME 
A PROVISIONAL GOVERNMENT. 

The Rights of the People. 

Mr. Editok : Have the people of California any rights ? If 
so, what is their extent ? Have they not certain rights, found- 
ed, based, and implanted in man's very nature — that belong to 
them as men, as human beings — rights that derive no force from 
human legislation, but trace their origin up through nature to 
nature's God? Are not these great principles of liberty and 
justice, that produced the American Revolutionary war, pro- 
mulgated in the immortal Declaration of Independence, and are 
now embodied in the American Constitutions, State aud Fed- 
eral, the birthright of every American citizen ? I must answer 
emphatically, they are yet ours, as much so as they were the 
rights of our ancestors. We have inherited them by direct, 
clear, and unquestionable lineal descent. 

The Federal Government is a government of limited powers 
— limited by a wi-itten Constitution, published to the world, and 
placed among the enduring and solemn records of the country. 
The Constitution of the United States not only limits the pow- 
ers of the Federal Government, but these powers are distributed 
among three separate and independent departments, the legis- 
lative, executive, and judicial. To these departments are as- 
signed diiferent functions, and they were intended by the frara- 
ers of the instrument to operate as checks npon each other. No 
one department has any riglit to assume the powers or discharge 
the duties assigned to the others. The President is armed with 
the veto po-wer, to protect his department from the encroach- 
ments of the Legislature, and the judiciary has the right to de- 
clare the acts of Congress and of the President unconstitutional, 
null, and void from the beginning. The President is a mere ex- 
ecutive officer. He possesses no legislative or judicial power. 
He can make no law, and construe no law except so far as his 
mere executive action is concerned. 

The question whether the people of California under exist- 



312 RECOLLECTIONS OF AN OLD TIONEER, 

ing circumstances have the right to exercise that power in- 
herent in human nature — the power to institute government 
for the protection of Hfe, liberty, and the right of property — is a 
question that does not rightfully belong to the executive de- 
partment of the government to determine; much less does it 
come within the province of a subordinate military com- 
mander. Neither does it belong to any military officer, in 
time of peace, to decide what code of civil law is in force in 
this or any other community ; nor does he have the right to 
determine what judicial office is or is not in existence, nor 
whether this or that individual is rightfully a judicial officer. 
These are powers foreign to the military office, and not con- 
ferred by the Constitution and laws of our country, 

lias the President of the United States distinctly and clearly 
advanced the astounding proposition that, so long as Congress 
may choose to abandon and, for the time being, abdicate the 
right of government here, and refuse to extend over us the laws 
of our counti'y — that so long the most unfortunate and miser- 
able people of California (not having forfeited their rights by 
crimes against God and their country) have not the liberty to 
organize a mere temporary government for their protection? 
Does the President, or any other American statesman, mean to 
say that, while the people of Oregon had the right to and did 
organize a provisional government, recognized by Congress it- 
self, the people of California have no such right? I do not un- 
derstand the President or the Secretary of State as intending to 
advance any such idea. I know Colonel Benton distinctly ad- 
vised the people of CaHfornia to organize such government. 
The President has not, as I understand, decided that we have 
no right to institute a temporary govei'nment, and that we must 
submit to the mere de facto government under the military au- 
thority ; and, had he so decided, he would have done so in dero- 
gation of the Constitution and laws of our country. The idea 
that he has so decided is simply an inference from language that 
will not, I apprehend, warrant such a conclusion. 

"What are, in fact, the opinions of the President in reference 
to the existing state of things in California ? In his late message 
he says : " Upon the exchange of the ratifications of the treaty of 



COMMUXICATION TO THE "ALTA CALIFOKNIA." 213 

peace with Mexico, on the tliirteenth day of May last, the tem- 
porary governments which had been established over New Mex- 
ico and California by our military and naval commanders, hy 
virtue of the rights of war, ceased to derive any obligatory 
force from that source of authority.'''' I have italicized a part 
of the above extract for the purpose of more distinctly showing 
that, in the President's opinion, whatever government existed 
after the establishment of peace did not so exist " in virtue of 
the rights of war," and derived no obligatory force from that 
source of authority. 

The President, after speaking of the adjournment of Con- 
gress without making any provision for the government of the 
inhabitants of New Mexico and California, goes on to say : 
" Since that time, the limited power possessed by the Ex- 
ecutive has been exercised to preserve and protect them from 
the inevitable consequences of a state of anarchy. The only 
government that remained was that estabhsbed by the military 
authority during the war. Regarding this to be a de facto 
government, and that, by the presumed consent of the inhabi- 
tants, it might be continued temporarily, they were advised to 
conform and submit to it for a short intervening period, before 
Congress would again assemble, and could legislate on the sub- 
ject." 

All governments, rightfully instituted, must derive their 
powers from some source. These powers are derivative, not 
original. The Declaration of Independence assumes the clear 
and distinct principle that "governments instituted among men 
derive their just powers from the consent of the governed." 
Now, according to the above extract, from what " source of 
authority " did the temporary governments continued after tbe 
war derive their powers? Not from the "rights of war." 
They had ceased. Nor yet from the legislation of Congress, for 
that body adjourned without any action upon the subject. 
What then was the source of power? The President says the 
" consent of the inhabitants." Nor can the President or any 
one else "presume" this "consent" to be given contrary to 
the fact and the truth, and does the President mean to say so? 
Surely not. If the President has the right to " presume" this 



314 RECOLLECTIONS OF AN OLD PIONEER. 

consent to be given, in direct and positive contradiction to the 
express acts and declarations of the inhabitants, has he not the 
right to continue such military government without the " con- 
sent" of the inhabitants at all, either actual or presumed? 

What is the difference between no consent and "presumed 
consent" contrary to the truth? Can the President, or any 
man living, presume away the liberties of the people? Never. 
If we have no power to dissent^ we have no power to consent. 
We are not free, but mere passive instruments. Suppose a des- 
pot should say to a certain people, " I will not exercise despotic 
power over you without your consent, but I will presume such 
consent against your express declarations to the contrary." Is 
it possible that the President of the United States intended to 
say, in substance, to his fellow citizens of California, " Gentle- 
men, I will not continue the temporary government established 
during the war without your consent, but I will ])resiime your 
consent against your express acts and declarations to the con- 
trary, and, if you attempt to organize a mere temporary govern- 
ment to ' protect you from the inevitable consequences of a 
state of anarchy,' I will put you down by military power, and 
treat you as traitors and enemies of your country " ? 

That our military commanders had a right to establish a 
temporary government " in virtue of the rights of war," to 
continue during the existence of the war, might readily be ad- 
mitted ; and that the President had the right to continue such 
government after peace was established, by the " consent of the 
inhabitants," might be true; and that such consent might fairly 
be presumed, so long as tbey submitted to such government, 
and organized no other, might also be admitted, though doubt- 
ful. But to say that the President, a mere executive officer, 
could continue such government without any actual consent of 
the inhabitants, and could presume such consent in a manner so 
violent as utterly to destroy all power of dissent in the neglected 
people of California, and all power to " protect themselves from 
the inevitable consequences of anarchy," is to assert a proposi- 
tion giving to the President a power over his fellow citizens 
equal to that of a despot. 

The opinion of President Polk and that of his distinguished 



COMMUNICATION TO THE " ALTA CALIFORNIA." 315 

Secretary of State are entitled to the utmost respect, not only 
upon account of the high and responsible stations they tilled, 
but more especially for the reason that they are both profound 
jurists and statesmen. But I do not understand them as laying 
down these two distinct positions — 1. That the government 
continued in Cahfornia after the war could only exist by the 
" consent " of the inhabitants ; and 2. That the President has 
the right to presume such consent to be given altTiough it he 
exj>i'essly withheld. Now, both these positions must be sus- 
tained before the right can be denied to the people of Califor- 
nia to organize a mere temporary government " to protect 
them," in the beautiful language of the President, " from the 
inevitable consequences of a state of anarchy." 

Mr. Starkie, in his learned treatise on the " Law of Evi- 
dence," gives this definition of a presumption : " A presump- 
tion may be defined to be an inference as to the existence of 
one fact from the existence of some other fact, founded upon a 
previous experience of their connection." After some other 
remarks not necessary to illustrate the position I am seeking to 
establish, the author says : " It also follows from the above de- 
finition that the inference may be either certain or not certain, 
but merely 'prohahle.^ and therefore capable of being rebutted by 
proof to the contrary." (Part IV., p. 1235.) 

Now, whether the inhabitants gave, and still continue to 
give, their consent to the continuance of the military govern- 
ment after the cessation of war, is simply a question of fact. 
So long as the people of the country submitted to such govern- 
ment, organized no other, and made no objection, by their acts 
they made that government their ow7i, and their consent might 
be presumed. But I take it that such presumption is not of 
that kind called by Mr. Starkie " certain," but only " proba- 
ble," and " therefore capable of being rebutted by proof to the 
contrary." 

All that I understand the President as intending to advance 
is, that he had the limited power to continue the de facto gov- 
ernment by the consent of the inhabitants ; and that so long as 
they submitted, and did not object to such continuance, nor 
organize any different government, such consent might be pre- 



316 RECOLLECTIONS OF AN OLD PIONEER. 

sumed ; and for this reason he " advised " the inhabitants to 
" conform and submit to it for a short intervening period, before 
Congress would again assemble, and could legislate on the sub- 
ject." He " advised " (not ordered) the inhabitants to submit. 
The law commands^ and does not advise. And, bad the Presi- 
dent believed that he had the lawful authority to continue the 
de facto government against our consent., it would have been his 
duty to speak " as one having authority," and not merely to 
give advice. 

I have thus, Mr. Editor, spoken my candid sentiments in 
language, I hope, intelligible and plain. I have done so with- 
out intending the slightest disrespect to those of my fellow 
citizens who may differ with me in opinion. I have only sought 
to discuss most vital principles^ and not to make the slightest 
personal reflection upon any one. I may or may not trouble 
you again. P. 

The following is an extract from a letter of James 
Buchanan, Secretary of State of the United States, to 
William V. Voorhies, dated October 7, 1848 : 

The President deeply regrets that Congress did not, at their 
late session, establish a territorial government for California. 
It would no^y be vain to enter into the reasons for this omis- 
sion. Whatever these may have been, he is firmly convinced 
that Congress feels a deep interest in California and its people, 
and will at an early period of the next session provide for 
them a Territorial Government suited to their wants. ("Alta," 
March 15, 1849.) 

But the next session passed without any legislation 
by Congress in regard to California, except to extend 
the revenue laws of the United States over us. In the 
"Alta" of June 2, 1849, will be found an editorial in 
reference to this treatment of us headed " A Legal 
Outrage," in which occurs the expression, " thus passing 
a law to tax California without giving it a representa- 
tive or even a government." 



ATTEMPT TO FRAME A PROVISIONAL GOVERNMENT. 317 

It will be remembered that the meetings held at 
San Jose and San Francisco in December, 1848, and 
that at Sacramento in January, 1849, recommended the 
people of California to elect delegates to attend a Con- 
vention to be held at San Jose, March 5, 1849, to 
frame a provisional government for this Territory. 
Delegates were accordingly elected, and coi'responding 
committees appointed ; but that attempt at organiza- 
tion failed, in consequence of a difference of opinion as 
to the time when the Convention should meet. The 
time mentioned was found to be too short to allow the 
lower districts to be represented. Edward Gilbert, 
James C. Ward, and George Hyde, Corresponding Com- 
mittee of San Francisco, published a recommendation, 
dated January 24, 1849, that the meeting of the Con- 
vention be postponed from March 5th to May 1st. 
("Alta," January 25, 1849.) Messrs. John Sinclair 
and Charles E. Pickett, delegates elect to the Conven- 
tion from Sacramento district, protested against the 
change of time. (" Alta," March 1, 1849.) 

In the "Alta" of March 22, 1849, a communication 
was published — signed by W. M. Steuart, Myron Nor- 
ton, and Francis J. Lippitt, delegates from San Fran- 
cisco ; Charles T. Botts, delegate from Monterey ; J. 
D. Stevenson, from Los Angeles ; R. Semple, from 
Benicia ; John B. Frisbie and M. G. Vallejo, from 
Sonoma ; S. Brannan, J. A. Sutter, Samuel J. Hensley, 
and P. B. Reading, from Sacramento — recommending 
the holding of a Convention for framing a provisional 
government at Monterey, on the first Monday of Au- 
gust, 1849, in case no act of Congress should be passed 
to create a territorial government for California, and 
resigning their positions as delegates. 

Congress adjourned March 3, 1849, and President 



318 RECOLLECTIONS OF AN OLD PIONEER. 

Taylor was inaugurated on the 5tli, the 4th being Sun- 
day ; but, at the date of the above recommendation, 
March 22d, the non-action of Congress in regard to a 
territorial organization for California was not known 
here. This recommendation was not acted upon by the 
people. 



CHAPTER VIII. 

EETUEN TO SACRAMENTO COME A SECOND TIME TO SAN 

FRANCISCO BECOME A MEMBER OF THE LEGISLATIVE 

ASSEMBLY EXTRACTS FROM THE ADDRESS OF THAT 

BODY TO THE PEOPLE OF CALIFORNIA EXTRACTS 

FROM GENERAL RILEY's PROCLAMATION — ADDRESS OF 
THE COMMITTEE OF FIVE. 

About the 21st of April, 1849, I left San Francisco 
on my return to Sacramento, where I arrived about the 
28th of that month. About the middle of May my 
family arrived in San Francisco from Oregon ; and I 
came the second time to San Francisco, arriving about 
the 1st of June. I became a member of the Legisla- 
tive Assembly of San Francisco, and took a leading part 
in its proceedings. This Assembly published an " Ad- 
dress to the People of California," which appears in the 
" Alta" of June 14, 1849. Though there is no date to 
the address as published, it was adopted some time be- 
fore, and was written by me, in entire ignorance of 
General Riley's intended proclamation to the people 
of California, which bears date at Monterey, June 3, 
1849, but was unknown in San Francisco until Satur- 
day, June 9th. The following are extracts from this 
address : 



320 EECOLLECTIOXS OF AN OLD PIONEER. 

The Committee appointed by the Speaker, under a resolu- 
tion of this House, to draw up and submit an address to the 
people of California, beg leave respectfully to submit the -within 
for the consideration of this body. . . , 

The discovery of the rich and exhaustless gold-mines of Cali- 
fornia has, in and of itself, produced a strange and singular state 
of things in this community, unparalleled, perhaps, in the annals 
of mankind. We have here in our midst a mixed mass of human 
beings from every part of the wide earth, of difterent habits, 
manners, customs, and opinions — all^ however, impelled onward 
by the same feverish desire of fortune-making. But, perfectly 
anomalous as may be the state of our population, the state of 
our government is still more unprecedented and alarming. We 
are in fact without government — a commercial, civilized, and 
wealthy people, without law, order, or system, to protect and 
secure them in the peaceful enjoyment of those rights and priv- 
ileges inestimable, bestowed upon them by their Creator, and 
holden, by the fundamental principles of our country, to be in- 
alienahle and absolute. 

For the first time in the history of the "model Republic," 
and perhaps in that of any civilized government in the world, 
the Congress of the United States, representing a great nation 
of more than twenty millions of freemen, have assumed the 
right, not only to tax us without rejyresentation, but to tax ui 
without giving us any government at all — thus making us feel, 
endure, and bear all the btjethens of government, without giv- 
ing us even a distant glimpse of its benefits. A special and 
separate act was introduced in the House of Representatives, at 
the late session of Congress, by the Committee on Commerce, 
and subsequently passed by both Houses, extending the revenue 
laws of the United States over California, and leaving the bill 
to organize a territorial government for this neglected people to 
perish at the close of the session. 

Under these pressing circumstances, and impressed with the 
urgent necessity of some efficient action on the part of the 
people of California, the Legislative Assembly of the district of 
San Francisco have believed it to be their duty to earnestly 
recommend to their fellow citizens the propriety of electing 



ADDRESS TO THE PEOPLE OF CALIFORNIA. 321 

twelve delegates from each district to attend a general Conven- 
tion, to be held at the Pueblo de San Jose on the third Monday 
of August next, for the purpose of organizing a government for 
the whole Territory of California. We would recommend that 
the delegates be intrusted with enlarged discretion to deliberate 
upon the best measures to be taken ; and to form, if they upon 
mature consideration should deem it advisable, a State Consti- 
tution, to be submitted to the people for their ratification or re- 
jection by a direct vote at the polls. 

The present state of a great and harassing political question 
in the United States must certainly defeat, for several coming 
sessions, any attempts at an organization of a territorial govern- 
ment for this country by Congress. In the Senate of the United 
States the parties stand precisely equal, there being fifteen free 
and fifteen slave States represented in that body. Until one or 
the other gain the ascendancy, we can have no territorial or- 
ganization by act of Congress. All parties in both Houses of 
Congress admit, however, that the people of California can and 
ought to settle the vexed question of slavery in their State Con- 
stitution. From the best information, both parties in Congress 
are anxious that this should be done ; and there can exist no 
doubt of the fact that the present perplexing state of the ques- 
tion at Washington would insure the admission of California at 
once. We have that question to settle for ourselves ; and the 
sooner we do it, the letter. 

The following editorial, in reference to tliis address, 
appeared in the " Alta " of June 14tli : 

It is important and proper that we should remai-k, in this 
connection, that the Legislative Address was prepared and 
adopted before the publication of General Riley's proclamation 
in this place, and that it therefore has no reference to, or neces- 
sary connection with, that document. 

In the same number of the "Alta" will be found 
a long editorial, of which the following is the be- 
ginning : 



322 RECOLLECTIONS OF AN OLD PIONEER. 

A Revolution — its Progress. 
This town was thrown into a state of intense excitement ou 
Saturday morning last, by the publication of the " Proclamation 
to the People of the District of San Francisco," which is this 
day given in our columns. The publication at the same time 
of a " Proclamation to the People of California," which we also 
insert to-day, did not detract from the intense excitement of 
the day. 

A meeting was held on Tuesday, June 12th, of the 
proceedings of which the following correct account will 
be found in the "Alta" of June 14th : 

Large and Enthusiastic Mass Meeting of the Citizens of San 

Francisco in Favor of a Convention for forming a State 

Government. 

The mass meeting of the citizens, called for the purpose of 
considering the propriety of electing delegates to a convention 
for the formation of a government for California, took place on 
Tuesday, June 12th, in Portsmouth Square. 

At 3 o'clock p. M. the meeting was called to order by Peter 
H. Burnett, Esq., who proposed to the meeting the following 
list of officers, which was unanimously adopted : President, 
William M. Steuart ; Vice-Presidents, William D. M. Howard, 
E. H. Harrison, C. V. Gillespie, Robert A. Parker, Myron Nor- 
ton, Francis J. Lippitt, J. H. Merrill, George Hyde, William 
Hooper, Hiram Grimes, John A. Patterson, 0. H. Johnson, 
William H. Davis, Alfred Ellis, Edward Gilbert, John Towns- 
end ; Secretaries, E. Gould Buffom, J. R. Per Lee, W. 0. 
Parker. 

The object of the meeting having been briefly stated by the 
President, Peter H. Burnett, Esq., addressed the people assem- 
bled, and concluded his remarks by presenting the Hon. Thomas 
Butler King of Georgia, who responded to the call with his ac- 
customed eloquence and ability. The meeting was further ad- 
dressed by Dr. W. M. Gwin and William A. Buffom, Esq., when 
the following resolutions were offered by Myron Norton, Esq. : 



PUBLIC MEETING IN SAN FRANCISCO. 323 

" EesoUed, That, the Congress of the United States having 
failed to pass any law for the government of this country, the 
people of California have the undoubted right to organize a 
government for their own protection. 

" Sesolved, That the people of California are called upon by 
an imperative sense of duty to assemble in their sovereign capa- 
city, and elect delegates to a convention to form a constitution 
for a State government, that the great and growing interests of 
California may be represented in the next Congress of the United 
States, and the people of this country may have the necessary 
protection of law. 

" Resolved., That we earnestly invite our fellow citizens at 
large to unite with us in our efforts to establish a government 
in accordance with the Constitution of our beloved country, and 
that a committee of five persons be appointed by the President 
of this meeting to correspond with the other districts, and fix 
an early day for the election of delegates and the meeting of the 
convention, and also to determine the number of delegates which 
should be elected from this district." 

Major Barry opposed the resolutions. General Morse pro- 
posed an amendment to the last resolution, to the effect that 
the meeting adopt for the time the days appointed by General 
Riley. 

Colonel J. D. Stevenson opposed the amendment. 

After some little discussion, the amendment was rejected, 
and, the vote being taken upon the original resolutions, they 
were adopted. 

The Chairman, in accordance with the last resolution, 
then appointed the following committee : Peter H. Burnett, 
W. D. M. Howard, Myron Norton, E. Gould Buffom. Edward 
Gilbert. 

The meeting was then addressed by Edward Gilbert. 

On motion, the meeting adjourned sine die. 

William M. Steuaet, President. 

E. GOTJLD BuFFOM, \ 

J. R. Pek Lee, >■ Secretaries. 
W. C. Parker, ) 
15 



324 RECOLLECTIONS OF AN OLD PIONEER. 

General Riley's " Proclamation to the People of 
California," as already stated, bore date at Monterey, 
June 3, 1849, but was not known in San Francisco until 
Saturday, June 9th. The following extracts are from 
this proclamation : 

In order to complete this organization with the least possi- 
ble delay, the undersigned, in virtue of power in him vested, 
does hereby appoint the first day of August next as the day for 
holding a special election for delegates to a general couvention, 
and for filling the oflBces of judges of the Superior Court, pre- 
fects and sub-prefects, and all vacancies in the ofiices of first 
alcaldes (or judges of fii'st instance), alcaldes, justices of the 
peace, and town councils. The judges of the Superior Court 
and district prefects are by law executive appointments ; but, 
being desirous that the wishes of the people should be fully 
consulted, the Governor will appoint such persons as may re- 
ceive the plurality of votes in their respective districts, pro- 
vided they are competent and eligible to the olfice. Each dis- 
trict will therefore elect, a prefect and two sub-prefects, and fill 
the vacancies in the oflices of first alcalde (or judge of first in- 
stance) and of alcalde. One judge of the Superior Court will 
be elected in the districts of San Diego, Los Angeles, and Santa 
Barbara ; one in the districts of San Luis Obispo and Monterey ; 
one in the districts of San Jose and San Francisco ; and one in 
the districts of Sonoma, Sacramento, and San Joaquin. The 
salaries of the judges of the Superior Court, the prefects, and 
judges of first instance are regulated by the Governor, but can 
not exceed for the first $4,000 per annum, for the second 
$2,500, and for the third $1,500. These salaries will be paid 
out of the civil fund which has been formed from the proceeds 
of the customs, provided no instructions to the contrary are 
received from Washington. . . . 

The method here indicated to attain what is desired by all, 
viz., a more perfect political organization, is deemed the most 
direct and safe that can be adopted, and one fully authorized 
by law. It is the course advised by the President, and by the 



ADDRESS OF THE COMMITTEE OF FH^E. 325 

Secretaries of State and of War of the United States, and is cal- 
culated to avoid the innumerable evils which must necessarily 
result from any illegal local legislation. It is therefore hoped 
that it will meet with the approbation of the people of Cali- 
fornia, and that all good citizens will unite in carrying it into 
execution. 

On the 4tli of June General Riley issued a procla- 
mation addressed " To the People of the District of San 
Francisco," in which he declares that the " body of men 
styling themselves the Legislative Assembly of San 
Francisco has usurped powers which are vested only in 
the Congress of the United States," etc. This was 
made known in San Francisco, June 9th. The time ap- 
pointed by General Riley for the meeting of the Con- 
vention was September 1, 1849, and the place Monterey. 
The Legislative Assembly of San Francisco issued an 
" Address to the People of California," in answer to 
the two proclamations of General Riley. This address 
was reported by a committee of which I was a member, 
and was drawn up by me. It may be found at length 
in the " Alta " under the dates of July 19, 26, and Au- 
gust 9, 1849. 

The following was published by the committee of 
five : 

To the Public. 

The undersigned, composing a committee appointed at a 
mass meeting of the people of the district of San Francisco, 
held on the 12th day of June, 1849, to correspond with the 
other districts, and to fix an early day for the election of dele- 
gates and the assembling of the convention, and also to deter- 
mine the number of delegates which should be elected from this 
district, have given the subject that attention which their lim- 
ited time and means would permit. The time being a matter, 
not of principle, but of mere expediency, the committee, being 
duly Impressed with the urgent necessity of saccess in the main 



326 EECOLLECTIOXS OF AN OLD PIONEER. 

object desired by all parties, have not deemed it their duty or 
right, under the circumstances, to do any act that might en- 
danger the ultimate success of the great project of holding the 
convention. The committee, not recognizing the least power, as 
matter of right, in Brevet Brigadier General Riley, to " appoint " 
a time and place for the election of delegates and the assem- 
bling of the convention ; yet, as these matters are subordinate, 
and as the people of San Jose have, in public meeting, expressed 
their satisfaction with the times mentioned by General Riley, 
and as we are informed the people below will accede to the 
same, and as it is of the first importance that there be una- 
nimity of action among the people of California in reference to 
the great leading object — the attempt to form a government for 
ourselves — we recommend to our fellow citizens of California 
the propriety, under the existing circumstances, of acceding to 
the time and place mentioned by General Riley in his procla- 
mation, and acceded to by the people of some other districts. 
The committee would recommend their fellow citizens of the 
district of San Francisco to elect five delegates to the conven- 
tion. And they can not but express the opinion that their fel- 
low citizens of the two great mining districts of Sacramento 
and San Joaquin have not had anything like justice done them, 
by the apportionment of General Riley ; that they are justly en- 
titled to a greater proportion of delegates to the convention 
than the number mentioned in General Riley's proclamation ; 
and the committee, believing their fellow citizens of the rain- 
ing districts to have equal rights, in proportion to numbers, 
with the people of other districts, would recommend them to 
elect such increased number of delegates as they in their judg- 
ment shall think just and right. 

Peter H. Burnett. 
William D. M. Howard. 
Myron Norton. 
E. Gould Buffom. 
Edward Gilbert. 
June 18, I849. 



SECOND COMMUNICATION TO THE "ALTA." 327 



EXTRACTS FROM MY SECOND COMMUNICATION TO THE 

" ALTA CALIFORNIA " GROUNDS OF GENERAL RILET's 

YIEWS AS TO THE RIGHT OF THE PEOPLE OF CALIFOR- 
NIA TO ORGANIZE A PROYISIONAL GOVERNMENT 

GROUNDS OF THOSE WHO CLAIMED THAT RIGHT THE 

CONTROYERSY MOST FORTUNATE FOR CALIFORNIA 

ALL THINGS HAPPILY TENDED TO PRODUCE THE MAIN 
RESULT DESIRED BY US ALL. 

About the 5th of July I sent a communication to 
the " Alta," which appeared in the number of July 12, 
1849. The following are extracts : 

But it seems from a late communication in your paper, 
under the signature of General Eiley, that new instructions 
have been received, which, he says, sustain the views expressed 
in his proclamation. He says : " It may not be improper here 
to remark that the instructions from Washington, received by 
the steamer Panama since tlie issuing of the proclamation, 
fully confirm the views there set forth ; and it is distinctly said 
in these instructions that ' tlie flan of establishing an indepen- 
dent government in California can not ie sanctioned^ no matter 
from ichat source it may come.'' " 

If these instructions do confirm the views of the proclama- 
tion, I must say that the General has been unfortunate in his 
quotation. Although this most solemn and threatening ex- 
tract from the instructions is put in italics to give it greater 
point, and introduced in such a connection as to be endorsed as 
true by General RUey, it contains nothing that touches the ques- 
tion, and only puts forth a libel upon the people of California. 
As a citizen of the United States, attached to the Government 
of my country by all the ties of duty, kindred, admiration, and 
love, as a citizen of California, and as a man, I must express my 
sincere regret and mortification. 

"What is meant by the phrase " independent government " ? 
Did the intelligent officer who drew up these instructions mean 



328 RECOLLECTIONS OF AN OLD PIONEER. 

to say that a mere temporary provisional government, merely 
regulating our domestic affairs, and that only while Congress 
neglected and refused to do so themselves — not conflicting with 
any rights of the General Government, not absolving the inhab- 
itants from their allegiance to the United States, not declaring 
us independent, but expressly admitting our dependence — in 
short, such a government as was organized by the people of 
Oregon and sanctioned by the home Government — I ask in can- 
dor, did the writer mean to call this an "independent govern- 
ment " that could not be sanctioned ? I can not beheve it. 
The writer knows too well the use of terms. What is an " in- 
dependent government " ? Undoubtedly such a government as 
was proclaimed by the Declaration of Independence, which de- 
clared the colonies to be " free and independent States," and 
the people to be absolved from all allegiance to the British 
Crown. . . . Now, Mr. Editor, let me inquire what swingle indi- 
vidual in California, not to speak of any considerable portion of 
this community, ever did propose, or dream of proposing, a 
"plan of establishing an independent government in Califor- 
nia"? Is it true that such a plan was proposed? If so, who 
proposed it ? For one, I am not informed of such a thing. 

The idea of establishing an independent government here — 
thus cutting us off from the Union and from all protection of 
the mother country, and erecting a mere petty state to be the 
sport and play of all the great powers of the world, that might 
think it their interest or whim to insult and plunder us — cer- 
tainly never was contemplated by our people here. Why, then, 
are we charged with such an absurd and criminal attempt? 
Have the authorities at "Washington been deceived as to the 
true state of things here ? How have they come to be so mis- 
taken? There is a great mistake somewhere. 

Who is to blame we can not tell. All we know with unerr- 
ing certainty is, that we are the doomed sufferers. The officers 
here shelter themselves behind the impenetrable shield called 
" instructions," and the authorities at home are ignorant of our 
condition. Is our country or our brethren in the States to be 
blamed for this ? Certainly not. They will do us justice. The 
time is coming when California can have her equal station 



GROUNDS OF GENERAL RILEY'S POSITION. gOQ 

among the States of the Union, and when her servants can be 
heard, and her voice regarded. P. 

An editorial in the " Alta " for July 19, 1849, refers 
to this charge as follows : " For two years and a half 
that we have resided in California, we have never heard 
the idea seriously uttered, that California should become 
an independent government." 

The denial by General Riley of the alleged right of 
the people of California to form a temporary provi- 
sional government was substantially based upon these 
grounds : That, under the law of nations, the civil laws 
of the ceded territory remain in force iintil superseded 
by those of the government to which the cession is 
made ; that, as Congress possessed the sole power to 
legislate, but had passed no act creating a territorial 
government for California, the civil laws of Mexico re- 
mained in force ; that one of the provisions of that law 
was that, in case of a vacancy in the office of Governor, 
the military commander should fill the office for the time 
being ; that there was such a vacancy in the office of 
Governor of California, and that he, General Riley, was 
simply ex officio Governor ; that, in point of fact, the 
people of California were not living under a military 
government, but under one of civil law ; that, in his ca- 
pacity of civil Governor, he administered the civil law, 
as any other Governor would be bound to do ; that the 
condition of the people of California was not similar 
to that of the people of Oregon when they organized 
their provisional government, as they were without any 
law whatever, while we had a code of civil law in full 
force ; and that, consequently, the assumed exercise of 
legislative power by the body calling itself the Legis- 
lative Assembly of San Francisco was a usurpation of 
powers vested solely in Congress. 



330 RECOLLECTIONS OF AN OLD PIONEER. 

On the contrary, our claim was substantially based 
upon these positions : That, conceding the general prin- 
ciple to be true, that under the law of nations the civil 
laws of the ceded territory continue in force until 
superseded by those of the government to which the 
cession is, made, still, in the peculiar case of California, 
the Mexican civil law had been so superseded ; that, the 
moment the treaty took effect, the Constitution of the 
United States, and all the great leading principles upon 
which our American institutions are based, were at once 
extended over the acquired territory ; that the power 
to legislate was primarily vested in Congress, but that, 
while that body neglected and refused to exercise such 
power, it was no usurpation in the people of California 
to exercise it temporarily, and in strict subordination to 
the admitted right of Congress ; that usurpation of 
power is the assumed use of it by an illegal body, when, 
at the same time, it is claimed and exercised by the 
rightful authority ; that under the theory of our Gov- 
ernment the executive office of Governor can not be 
filled by a subordinate military officer, as the two ca- 
pacities are incompatible with each other and with our 
American theory ; that, in point of practical effect, the 
people of California were in the same condition as had 
been the people of Oregon ; that nine tenths of the 
people of California were American citizens, lately ar- 
rived from the States east of the Rocky Mountains, 
wholly unacquainted with the civil laws of Mexico, and 
with the language in which they were written and pub- 
lished ; that, such being the case, it was not practical 
good sense or justice to require these nine tenths of the 
people of California to learn the laws of Mexico for the 
short period to elapse before the new order of things 
was morally certain to take place ; that imposing this 



GROUNDS OF THE OPPOSITE POSITION. 331 

labor and confusion upon these nine tenths would not 
benefit the native citizens to any extent whatever, as 
they would still have to learn the laws of the new State 
when organized ; that, as at least nine tenths of the 
officers charged with the administration of Mexican law 
would be Americans, ignorant of the law they were re- 
quired to administer, and without time to learn it, the 
law actually enforced would be an inconsistent mixture 
of Mexican and American law, so confused as not to be 
understood ; and finally, that the temporary exercise of 
legislative j)ower by the people of California was based 
upon the original and natural right of society to protect 
itself by law, and that such exercise by our people was 
in no true sense a violation of the law of nations ; but 
that the people of California possessed the legal and 
just right to supersede the civil laws of Mexico in force 
in California at the date of the treaty, and that this 
right was also based upon the theory of our Ameri- 
can governments, properly extended and applied to 
the new and extraordinary cii'cumstances of our con- 
dition. 

The question as to the legal and just right of the 
people of California, under all the circumstances then 
existing, to form for themselves a temporary govern- 
ment, was one admitting of discussion and difference of 
opinion. Among the lawyers then in California, who 
had been here long enough to understand the true mer- 
its of the controversy, there was almost an entire una- 
nimity in the opinion that only a de facto government 
could exist in the country, based upon the consent of 
the people. This was the view of three fourths of the 
inhabitants. It seems clear that this was the view of 
President Polk and Mr. Secretary Buchanan. But it 
seems equally clear that President Taylor and the Sec- 



332 RECOLLECTIONS OF AN OLD PIONEER. 

retaries of State and of War under him entertained the 
opposite view. 

But, aside from the true merits of the controversy, 
it was most fortunate for California that it arose, for it 
resulted in the early formation of the State government, 
and thus settled the question in a manner most satisfac- 
tory to us all. Had General Riley conceded the right 
of the people of California to organize a provisional 
government for themselves, then they would most prob- 
ably have been content with their condition for some 
time to come ; and, had the people quietly submitted to 
his government, the organization of the State would 
have been, most likely, delayed for an indefinite time. 
The slave and free States then had an equal representa- 
tion in the Senate of the United States, and no act for 
a territorial organization, and none authorizing the peo- 
ple of California to form a State constitution, could 
have been passed by Congress. 

All things happily combined to bring about the re- 
sult we all so much desired. The people had suffered 
so much from the bad administration of laws unknown 
to them, and were so unused to live under what they 
held to be a military government, that, in San Fran- 
cisco especially, they were deeply and grievously excited. 
So soon as I became a member of the Legislative As- 
sembly of San Francisco, my ardent efforts were mainly 
directed toward the formation of a State constitution, 
as the only safe and peaceful mode of settling the ques- 
tion. So far as I and a large majority of that body 
were concerned, we were opposed to any and all forcible 
conflicts with General Riley's government. While we 
were satisfied that our position was right, we preferred 
patient and peaceful means to attain a satisfactory solu- 
tion of the difficulty. The resolutions passed at the 



GENERAL BEXNET RILEY. 333 

large and enthusiastic meeting in San Francisco on June 
12, 1849, were prepared in advance, and after full con- 
sultation, and with a view to secure ultimate unanimity. 
We had our doubts whether the people would, under 
the then excited state of public feeling against the rule 
of General Riley, sanction at once the times appointed 
by him, and we therefore thought it best to have a com- 
mittee of five appointed to fix the times for the election 
of delegates, and for the assembling of the convention, 
and to designate the number of delegates from San 
Francisco. This would give us an opportunity to con- 
sult the people of other districts, and allow time for the 
excitement to cool in this city, which had been so long 
and so grievously misgoverned. Our committee, most 
likely, had the power to defeat General Riley's procla- 
mation by recommending other days, but we were 
not governed by feelings of opposition or of revenge. 
"VVe all agreed as to the main purpose, and our com- 
mittee determined not to disagree about subordinate 
matters. 

There was not the slightest ground for the charge 
that the people of California desired to establish an 
independent government ; and I can only believe that 
it was made through mistaken information, based solely 
on suspicion in the minds of General Riley's informants. 
I knew that old and tried soldier in Missouri, years be- 
fore either of us came to California, and had always 
entertained for him the greatest respect. I bear a will- 
ing testimony to his integrity and patriotism. I after- 
ward met him in September, 1849, at Monterey during 
the sitting of the Convention, and had several friendly 
interviews with him. In one of these he said to me 
very frankly : " Burnett, you may be correct in your 
views in regard to the legal right of the people of Call- 



334 RECOLLECTIONS OF AN OLD PIONEER, 

fornia to form a provisional government. I am no law- 
yer, but only a soldier, and I know how to obey oi'ders ; 
and, wlien my superior oiRcer commands me to do a 
thing, I am going to do it." There was no occasion to 
argue against this conclusion ; and, had there been such 
an occasion, it would have been idle to contest the 
determination of that honest and brave old man. 



RETUEX TO SACRAMENTO CITY ITS RAPID IMPROVE- 
MENT — JAJVIES S. THOMAS. 

About the 3d of July, 1849, I was informed that 
John A. Sutter, Jr., had reconveyed the property to his 
father, and that the latter had selected another person 
as his ascent. On the 5th I left San Francisco for Sacra- 
mento, and arrived at the latter place on the evening 
of the 11th, During my absence of six weeks the pop- 
ulation of Sacramento had greatly increased ; and, al- 
though there was not a single brick and but few wooden 
houses in the city, it had become an active business 
place, teeming with people, who mainly lived and did 
business in canvas tents and cloth shanties. 

My friend Dr. William M. Carpenter had just fin- 
ished a cloth shanty on his lot at the corner of Second 
and K Streets. It was twenty feet long and twelve 
Avide, with a cloth partition in the center. In the rear 
room he kejjt his office and medicines, and I had my 
office in the front apartment. The shanty was con- 
structed by putting up six strong posts, made from the 
trunks of small trees, and flattened on two sides with 
an axe, one of which was put at each corner, and one 
in each center of the two ends of the structure. Be- 
tween these posts were placed smaller posts flattened on 
one side, and placed some two feet apart, and on the 



JAMES S. THOMAS. 335 

tops of these posts were placed flattened pieces of tim- 
ber, extending along each side of the shanty, and se- 
curely nailed into the tops of the posts, the lower ends 
of which were well let into the ground. On the tops 
of the two higher posts in the centers of the ends was 
placed a ridge-pole, nailed with large nails ; and from 
this ribs about two feet apart were extended to the 
sides. The whole frame was then covered with yard- 
wide brown cotton cloth, tacked on with cut tacks. 
The floor was the earth made smooth, and my writing- 
table was a large empty dry-goods box. 

I was very busily engaged until July 24th in mak- 
ing an amicable settlement with Captain Sutter. The 
weather was very warm, and our thin cotton covering 
afforded very imperfect protection against the scorch- 
ing rays of a midsummer sun. 

About the last of July the immigrants across the 
Plains began to arrive, and among them was James S. 
Thomas, from Platte City, Missouri. I had known him 
for about three years before I left that State for Ore- 
gon in the spring of 1843. He was then a poor young 
lawyer of admirable character, and was most highly 
esteemed by all who knew him. He was a tall, thin, 
spare man. I had not seen him for more than six years, 
and in the mean time his appearance had so changed 
that I did not at first recognize him. I was very busily 
employed writing in my office about 8 o'clock one morn- 
ing, when I observed some tall person standing before 
me. I raised my eyes and looked at him, but he said 
nothing, and I continued my writing. Several minutes 
passed, and he still remained silent. I raised my eyes 
and looked at him the second time, when I was greeted 
with a kind laugh, and then I recognized him. Our 
meetinor was most cordial. Said I : " Sit down and I 



336 RECOLLECTIONS OF AN OLD TIONEER. 

will give you half an hour's time. That is all I can 
spare you now." 

I at once inquired the time of his arrival, and he 
informed me that it was the previous evening. He said 
he was very anxious to be at work. I at once asked 
him what he had, and he replied some mules and a 
wagon. I said : " Go sell everything and then come to 
me, and I will do the best I can for you." That day 
lie sold everything, and came to my office next morn- 
ing. I said to him : *' We are to elect a magistrate 
to-morrow, and I will attend a meeting of citizens called 
for this evening to make a nomination, and will procure 
your selection if I can. In case you are selected, my 
brother-in-law, John P. Rogers, my son, D. J. Burnett, 
and myself will close our office, and give you one day's 
electioneering." 

I attended the meeting, and made an earnest, vigor- 
ous speech for Thomas, and he received the nomination. 
Next day we had a warm contest at the polls, as his 
competitor was well known in the city. Many objected 
to Thomas upon the ground of his profession. To this 
objection I replied that, while I had nothing to say in 
defense of lawyers as a class, I would say that Thomas 
was among the best of bis profession. He was elected, 
and I then said to bim : " Take the official oath as early 
as you can, and then come to me and I will give you 
something to do." The next day the result was de- 
clared, and he took the necessary oath, and came to my 
office in the evening ; and I told him to be at the office 
next morning at sunrise. 

An auctioneer named Scovey had been sent from 
San Francisco to Sacramento City a few days previous- 
ly to sell several Sacramento City lots, in subdivisions, 
to the highest bidder for cash. He had completed the 



SWARTZ'S MELONS. 337 

sale, and then came to me to draw up the deeds. There 
were from twenty to thirty deeds to be written out (there 
being then no printed blanks), for which I was to be 
paid ten dollars each. A full list of the property sold, 
with names of the purchasers and prices paid, was fur- 
nished by Scovey. I told Thomas that we would each 
write as many deeds as we could, and each receive pay 
for those he wrote ; and that, in addition, he could write 
out and take the acknowledgments, the fee for each be- 
ing two dollars and a half. 

On the morning appointed he was promptly on hand 
at sunrise, and we commenced our work with a will. I 
never saw a poor lawyer work with more zeal. It was 
truly amusing to see him wield that pen. To use a 
cant but expressive phrase, " I did my level best," and 
so did he. From sunrise to sunset we scarcely lost a 
moment, except at twelve to take a hasty lunch. That 
day Thomas made more than one hundred dollars, and 
that was his beginning in California. 

When I arrived at Sacramento City, I found melons 
in market. An old man of the name of Swartz culti- 
vated several acres in melons that year, on the west 
bank of the Sacramento River, at a point some five 
miles below the city. These melons he sold readily at 
from one to three dollars each, according to size. From 
the sale of melons he realized that year some thirty 
thousand dollars. I mention these cases as illustrative 
of those times. Such times, I think, were never seen 
before, and will hardly be seen again. 

I have seen a whole community, for a time, substan- 
tially living under the theory of an equal division of 
property. In California, during the y-ears 1848 and 
1849, all men had about an even start, and all grew 
comparatively rich. At least, they were all equally se- 



338 RECOLLECTIONS OF AN OLD PIONEER. 

cure of a good living, except those who were unable to 
work. But within a year or two thereafter the usual 
inequalities in the financial conditions of men began to 
appear. Nothing more clearly and concisely shows what 
would be the legitimate result of communism, than the 
replies of a witty Irishman, who was ironically advocat- 
ing an equal and forcible division of property among 
men. " But what would you do, Patrick, with your 
share ? " " Faith," said he, " I would live like a prince." 
" But you would soon spend it all, and then what would 
you do ? " " And faith, I would go for another division." 

APPOINTED TO A SEAT IN THE SUPERIOR TRIBUNAL 

SICKNESS OF ONE OF MY DAUGHTERS REMOVE TO 

SAN JOSE ADMINISTRATION OF JUSTICE IN CALIFOR- 
NIA DURING 1849 — STATE OF SOCIETY THE QUACK. 

I left Sacramento City on my return to San Fran- 
cisco on the 3d of August, 1849, and arrived in the lat- 
ter city about the 10th. During my absence of some 
five weeks, maii}^ stirring events had transpired in San 
Francisco. 

On the 10th of July, Francis J. Lippitt, Esq., Speak- 
er of the Legislative Assembly of the district of San 
Francisco, resigned his seat. A vote of the people had 
been taken as to whether that body should continue to 
act. The affirmative vote was 167, the negative, 7. The 
smallness of the vote polled proved conclusively that a 
large majority of the people did not deem it necessary 
to vote at all. The fact that General Riley had sub- 
stantially allowed the people to choose their own officers, 
and especially the certain prospect that the convention 
would soon .meet and form a State constitution, and 
thus give us all the relief we asked, satisfied the good 



APPOINTED JUDGE IN THE SUPERIOR TRIBINAL. 339 

sense of our people that no further controversy was 
proper or desirable. Thus the Legislative Assembly of 
the district of San Francisco came to an end. (" Alta," 
July 12 and 19, 1849.) 

On Sunday night, July 14th, the " Hounds " attacked 
and robbed several Chilian tents in San Francisco. As 
this occurred during my absence at Sacramento City, 
I can give no account of it from my own knowledge, 
but must refer to the " Alta " of August 4th and suc- 
ceeding numbers for a full account of that most daring 
crime. 

Upon my return to San Francisco, I found that dur- 
ing my absence, and without my knowledge, my name 
had been used as a candidate for a seat in the Superior 
Tribunal, and that I had received 1,298 votes, and Mr. 
Diramick 212. My commission is in the words and 
figures following : 

Know all men by these Presents, that I, Bennet Riley, Bre- 
vet Bi-igadier General U. S. Army, and Governor of California, 
by virtue of authority in me vested, do hereby appoint and 
commission Peter H. Burnett Judge or Minister of the Superior 
Tribunal of California, to date from the 1st day of August, 1849. 
- — -* — ~ , Given under my hand and seal at Monterey, Cali- 

, SEAL. \ fornia, this 13th day of August, a. d. 1849. 

'^ B. PvILEY, 

Bt. Brigd. Genl. U. S. A., and Governor of California. 
OfBcial. 
H. W. Halleck, 

Bt. Capt. and Secty. of State. 

Before my family left Oregon in May, my eldest 
daughter, then sixteen, was attacked with what her phy- 
sician afterward decided to be consumption. The voy- 
age by sea gave her temporary relief, but the cold 
winds of San Francisco soon increased the serious char- 



340 RECOLLECTIONS OF AN OLD PIONEER. 

acter of the case. When I returned from Sacramento 
City, I found her very ill. Her physician told me very 
frankly that he could do no more for her, as she was in 
the last stage of consumption. 

I at once determined that she should take no more 
medicine, and should at least die in peace. I remem- 
bered that our physician in Missoiiri, Dr. Ware S, May, 
had told me that patients were sometimes starved to 
death, and that he had known of such cases. Mr. Moffat, 
an assayer of San Francisco, mentioned to me a case 
within his own knowledge, where the life of the patient 
was saved by eating a little beefsteak. The medicines 
taken by my daughter had so deranged the tone of her 
stomach that she could retain nothing that she ate, and 
had not the least appetite, but a great aversion for food 
of every kind. I persuaded her to eat a mouthful of 
broiled steak, which she at once threw up ; but I imme- 
diately urged her to tiy again, and this morsel she was 
able to retain. From that time she rapidly improved. 
Believing that the climate of San Francisco was inju- 
rious to her health, I decided to leave the city. I could 
only then go to Sacramento City or to San Jose. In 
the former place I could prociire no shelter except a 
canvas tent or a cloth shanty ; so I went to San Jose 
for the first time about the 20th of August, and pur- 
chased a house and lot in that city. On the 28th my 
daughter had so far recovered that she could endure 
the trip, and we arrived in San Jose the next day. In 
two months she was well. She was married in January, 
1851, is still living, and is the mother of several living 
children. 

As illustrative of those times, I will relate two occur- 
rences. 

I employed a man named Wistman, with a large 



IXCIDEXTS ILLUSTRATIVE OF THE TIMES. 34 1 

spring-T\^agon, to remove us to San Jose, for wliich ser- 
vice I paid him one hundred and fifty dollars. It took 
him two days. 

I was the owner of a number of lots in Sacramento 
City ; and one day in August a gentleman of my ac- 
quaintance came to my little office in San Francisco, and 

said to me : " Mr. and myself will give you fifty 

thousand dollars in gold-dust for one undivided half of 
your Sacramento City property — one half cash, and the 
other half by the first of January next ; and we want 
an answer by ten to-morrow morning." I promptly re- 
plied that I would give an answer at the time mentioned. 
I at once consulted Mrs. Burnett, and we decided that 
we would accept the offer, with certain reservations. 
Next morning the gentleman was at my ofiice at the 
jirecise hour for an answer. I told him I would accept 
the offer, with the exception of a few lots that I men- 
tioned. He at once replied, "All right." There hap- 
pened to be present a mutual friend from Sacramento 
City, a man about fifty years of age ; and this gentle- 
man at once rose from his seat, and, seizing the hand of 
the first gentleman, he warmly congratulated him upon 
the splendid purchase he and his partner had made, say- 
ing there was a large fortune in the property. During 
this long-continued burst of enthusiasm I sat perfectly 
quiet ; but, so soon as I could be heard, I said : " Gen- 
tlemen, I am glad to learn that I am a much richer man 
than I supposed I was. If these gentlemen can make a 
fortune out of the undivided half they have purchased, 
what do you think I can make out of my half, and the 
fifty thousand dollars to begin with ? " This view of 
the case rather cooled their enthusiasm. 

During the year 1848 there were very few, if any, 
thefts committed in California. The honest miners 



342 RECOLLECTIONS OF AN OLD PIONEER. 

kept their sacks of gold-dust in their tents, without fear 
of loss. Men were then too well off to steal. Toward 
the close of that year some few murders and robberies 
were committed. But in 1849 crimes multi2:)lied rapid- 
ly. The immigrants from Australia consisted in part 
of very bad characters, called " Sydney Ducks." These 
men soon began to steal gold-dust from the miners, and 
the latter showed them no mercy. In most mining 
camps they had an alcalde, whose decisions were prompt 
and final, and whose punishments were severe and most 
rigidly inflicted. 

On one occasion, in the fall of 1849, a tall, handsome 
young fellow, dressed in a suit of fine broadcloth, and 
mounted upon a sjDlendid horse, stole a purse of gold- 
dust from an honest miner, and fled from the camp. 
The thief took the plain wagon-road that led around a 
tall mountain, while his pursuers took a shorter route 
across, reached a mining camp where there was an al- 
calde in advance of the thief, and quietly awaited his 
arrival. In due time the thief appeared, mounted upon 
his splendid steed, and was at once arrested, and prompt- 
ly tried before the alcalde. After hearing all the testi- 
mony, the alcalde said to the prisoner : " The Court 
thinks it right that you should return that purse of 
gold to its owner." To this the culprit readily assented, 
and handed over the purse. The alcalde then informed 
him that the Court also thought he ought to pay the 
costs of the proceedings. To this the culprit made not 
the slightest objection (thinking he was very fortunate to 
escape so easily), but inquired the amount of the costs. 
The alcalde informed him that the costs amounted to 
two ounces of gold-dust. This the prisoner cheerfully 
paid. "Now," said the alcalde, "there is another part 
of the sentence of this Court that has not been men- 



ADMINISTRATION OF JUSTICE IN 1S49. 343 

tioned yet ; and that is, that you receive thirty-nine 
lashes on your bare back, well laid on." The punish- 
ment was promptly inflicted, and, of course, the trans- 
gressor thought his way hard. He could only boast 
that he was " whipped and cleared." * 

In the fall of 184:9 William B. Almond, then late of 
Missouri, became the Judge of the Court of First In- 
stance, in civil cases, for the district of San Francisco. 
Thfere are proper times and places for all proper things ; 
and no sensible man would approve of Yankee Doodle 
at a funeral or of Old Hundred at a ball. There are 
right things to be done, and pi'oper modes of doing 
them. Judge Almond was a man of fair legal attain- 
ments, and had been one of the early settlers of the 
Platte Purchase in Missouri, and he well comprehended 
the situation of California. Perhaps substantial justice 
was never so promptly administered anywhere as it was 
by him in San Francisco. His Court was thronged 
with cases, and he knew that delay would be ruin to 
the parties, and a complete practical denial of justice. 
He saw that more than one half the witnesses were fresh 
arrivals, on their way to the mines, and that they were 
too eager to see the regions of gold to be detained more 
than two or three days. Besides, the ordinary wages of 
common laborers were twelve dollars a day, and parties 
could not afford to pay their witnesses enough to induce 
them to remain ; and, once in the mines, no depositions 
could be taken, and no witness induced to return. 

* The origin of this phrase was as follows : In the early days of 

Missouri, Thomas was arrested, indicted, tried, and convicted 

of grand larceny in stealing a horse, and was sentenced by the Court 
to receive thirty-nine lashes on his bare back. After he was whipped 
and discharged, he met an acquaintance who inquired how he came 
out. He promptly replied : " First-rate. Whipped and cleared." 



344: RECOLLECTIONS OF AN OLD PIONEER. 

He accordingly allowed each lawyer appearing be- 
fore him to speak five minutes, and no more. If a law- 
yer insisted upon further time, the Judge would good- 
humoredly say that he would allow the additional time 
upon condition that the Court should decide the case 
against his client. Of course, the attorney submitted 
the case upon his speech of five minutes. At first the 
members of the bar were much displeased with this 
concise and summary administration of justice ; but in 
due time they saw it was the only sensible, practical, 
and just mode of conducting judicial proceedings under 
the then extraordinary condition of society in Califor- 
nia. They found that, while Judge Almond made mis- 
takes of law as well as other judges, his decisions were 
generally correct and alicays prompt ; and that their 
clients had, at least, no reason to complain of " the law's 
most villainous delay." Parties litigant obtained deci- 
sions at once, and were let go on their way to the 
mines. 

The state of society in California in 1849 was indeed 
extraordinary. There were so few families, so few old 
men, and so many young and middle-aged adventurers, 
all so eager in search of riches, that a state of things 
then existed which perhaps has no parallel. Young 
men just from college, ari'iving in San Francisco, and 
never having been accustomed to manual labor, would 
hire themselves out as porters, journeymen carpenters, 
and draymen. One young man, who barely kncAV how 
to use a hand-saw well, hired himself to a boss carpen- 
ter. After working a day or two, he was paid off and 
discharged, and then went to another and another, re- 
peating the same trick. When all were strangers to 
each other, all stood upon the same basis as to character 
and qualifications. 



TDE QUACK. 345 

As illustrative of those times, I will relate the follow- 
ing incident : 

Before leaving Weston, Missouri, for Oregon, in 

May, 1843, I was well acquainted with Thomas . 

He was then about thirty years of age, was of poor 
but honest jiarentage, could scarcely read or write, and 
had then never worn any but homespun clothes. He 
was a veiy skillful ox-driver and a good fiddler, and 
this was the extent of his capacity. Because of his skill 
in managing oxen, I employed him to drive one of my 
teams for a day or two, until my oxen were trained, 

I left him in Missouri in 1843 ; but, when I arrived 
at Sutter's Fort in December, 1848, 1 found him and his 
family residing in the vicinity. His wife was a plain, 
good, domestic woman, and Tom himself was considered 
a clever fellow, in the American sense of that term. 
During the early spring of 1849 I sold him several lots 
in Sacramento City, upon the resale of which in the fall 
of that year he realized a net profit of twenty-five thou- 
sand dollars. Flushed with this sudden and extraordi- 
nary success, he dressed himself in the finest suit of 
clothes he could procure. He possessed a tall, straight, 
trim figure, and when thus attired was a very handsome 
man. Taking advantage of the circumstances, he com- 
menced the practice of medicine. A carpenter named 
Stincen, who had known Tom well in Weston, came to 
Sacramento City in the fall of 1849, and soon met Tom 
arrayed in his splendid apparel. Stincen was a man of 
excellent sense, and possessed a keen perception of the 
ridiculous. "How are you, Tom?" said he. "First 
rate." " How are you getting along ? " " Splendid." 
" What are you doing?" " Come and see." He took 
Stincen a shoi't distance, and showed him a splendid 
mule, rigged up in superb style, with new saddle, bridle, 



346 RECOLLECTIONS OF AN OLD TIONEER. 

and martingales. Across the saddle was thrown a pair 
of new medical saddle-bags, Tom raised up the flap of 
one end, and, pointing to several rows of vials full of 
liquid medicines, said, "Look at that." "What does 
all this mean ? " asked Stincen. " I am practicing medi- 
cine." " But what do you know about the practice of 
medicine, Tom ? " " Well, not much ; but I get all I 
can do, and I kill just as few as any of them. I never 
give them anything to hurt them." 

Stincen himself related this interview to me, and it 
is no doubt true. 



VISIT MONTEREY ANNOUNCE MYSELF A CANDIDATE FOR 

GOVERNOR — ELECTED — INAUGURAL ADDRESS. 

About the 13th of September I left San Jose for 
Monterey, to assist in holding a term of the Superior 
Tribunal. Four persons had been nominated by the 
people at the election held August 1st, who were subse- 
quently appointed and commissioned by General Riley. 
These were Jose M. Covarubias, Pacificus Ord, Lewis 
Dent, and Peter H. Burnett. The last-named was cho- 
sen Chief Justice by the other Judges. The business 
before the Court was very small. No appeals had been 
taken ; they were not common in those days. 

I remained in Monterey until about the last of Sep- 
tember. The proceedings of the Convention, which as- 
sembled on the first of that month, had progi'essed fa- 
vorably, so far as to leave no reasonable doubt as to the 
final result, and I then announced myself a candidate 
for Governor. I arrived in San Jose about the 5th of 
October, and left there, to make the canvass, about the 
20th. I reached San Francisco on the evening of the 
same day, and remained there three days. When I left 



A PROPOSAL DECLINED. 34,7 

the city about six weeks before, I knew a large portion 
of the people of the place ; but, upon my return, I did 
not know one in ten, such had been the rapid increase 
in the population. I was surprised to find myself so 
much of a stranger, and I said to myself, *' This is rather 
a poor prospect for Governor." 

One of my opponents, Winfield Scott Sherwood, 
Esq., proposed that we should submit our claims to a 
committee of mutual friends, and let them decide which 
of us should withdraw. I declined this proposition, and 
at once set out to speak to the people. I left San Fran- 
cisco about the 23d of October for Sacramento City, on 
board a very small steamer, the second one that ever 
ascended the Sacramento River. It was full of passen- 
gers, and was so small that they were frequently ordered 
to trim the boat. 

On my arrival at Sacramento City, I addressed a 
large meeting of the people. From that city I went to 
Mormon Island on the American River, and made a 
speech. From there I passed to Coloma, the point 
where gold was first discovered, and addressed the peo- 
ple at that place ; and then to Placerville, where I again 
addressed a large meeting. From Placerville I returned 
to Sacramento City on the 29th of October. On my 
way I spent the night of the 28th at Mud Springs, in an 
hotel kept in a large canvas tent. They gave me a very 
fine bed to sleep in, and treated me most kindly. 

During the day the wind commenced blowing brisk- 
ly from the south. In the evening dense clouds began 
to appear, and the wind increased to a gale. After we 
had all retired to bed, the rain began to fall heavily, 
and the storm became so severe that the fastenings of 
the tent gave way, and nothing was left of the frame 
but the main upright pole, about thirty feet high, that 
16 



348 RECOLLECTIONS OF AN OLD PIONEER. 

stood in the center, to the top of which the canvas was 
securely" fastened, while it hung flapping around the 
pole at the bottom. The rain came down in torrents, 
and the only way we could keep dry was to stand around 
and hug the lower end of the pole until daylight. This 
was the first hard rain of that most rainy season of 1849 
-'50. I never passed a more cheerless and uncomfort- 
able night than this. I was very tired and sleepy, and 
frequently found myself asleep on my feet, and in the 
act of sinking down with my arms around the pole. 

I remained in Sacramento City until the 5th of 
November, when the majestic steamer Senator ai'rived 
for the first time. The banks of the river, on Front 
Street, were thronged with people to witness her ap- 
proach. She was to us a most beautiful object. I 
came down on board of her, and paid thirty dollars for 
my passage, and two dollars in addition for my dinner. 

I passed through San Francisco, and arrived at San 
Jose about the 8th of November. After making a 
speech to the people of that city, I went again to San 
Francisco, where I spoke to an immense assemblage in 
Portsmouth Square. A platform about six feet high, 
and large enough to seat about a hundred persons, was 
made of rough boards and scantling. The main audi- 
ence stood in front, on the ground. In the midst of my 
address the platform gave way and fell to the ground, 
except a small portion where I was standing. I jsaused 
only for a moment, and then went on with my speech, 
remarking that, though others might fall, I would be 
sure to stand. 

I was in the city until the 13th of November, the 
day of the general election, at which the State consti- 
tution was ratified, and the principal State officers. Sen- 
ators, members of the Assembly, and Congressmen were 



INAUGURAL ADDRESS. 349 

elected. The vote for Governor was as follows : Peter 
H. Burnett, 6,716 ;W. Scott Sherwood, 3,188; John 
A. Sutter, 2,201 ; J. W. Geary, 1,475 ; William M. 
Steuart, 619. 

Both Houses of the Legislature assembled on Satur- 
day, December 15, 1849, as required by the constitution. 
The Governor elect was inaugurated at one o'clock p. m. 
on Thursday, December 20th, and took the following 
oath : 

" I, Peter H. Burnett, do solemnly swear that I will 
support the Constitution of the United States and the 
constitution of the State of California, and will faith- 
fully discharge the duties of the office of Governor of 
the State of California, according to the best of my 
ability." 

After taking this oath, I delivered the following 
address : 

Gentlemen of the Senate and Assemhly : I have been chosen 
by a majority of my fellow citizens of the State of California 
to be her first Executive. For this proof of their partiality and 
confidence I shall ever retain a most grateful sense. To be 
chosen Chief Magistrate of California at this period of her his- 
tory, when the eyes of the whole world are turned toward her, 
is a high and distinguished honor, and I shall do all in my 
power to merit this distinction by an ardent, sincere, and ener- 
getic discharge of the weighty and responsible duties incident 
to the position I occupy. 

Nature, in her kindness and beneficence, has distinguished 
California by great and decided natural advantages ; and these 
great natural resources will make her either a very great or a 
very sordid and petty State. She can take no middle course. 
She will either be distinguished among her sister States as one 
of the leading Stars of the Union, or she will sink into com- 
parative insignificance. She has many dangers to encounter, 
many perils to meet. In all those countries where rich and 
extensive mines of the precious metals have been heretofore 



350 RECOLLECTIONS OF AN OLD PIONEER. 

discovered, the people have become indolent, careless, and 
stupid. This enervating influence operates silently, steadily, 
and continually, and requires counteracting causes, or great 
and continued energy of character in a people to successfully 
resist it. How far this influence may mold the character of the 
future population of California, time alone can determine. If 
she should withstand and overcome this great peril, she will 
constitute a bright exception to the fate that has attended other 
States similarly situated. 

But I anticipate for her a proud and happy destiny. If she 
had only her gold-mines, the danger would be imminent; but 
she has still greater and more commanding interests than this — 
interests that seldom or never enervate or stultify a people, but 
on the contrary tend, in their very nature, to excite and nour- 
ish industry, enterprise, and virtue. I mean her agricultural 
and commercial advantages. "While our mines will supply us 
with ample capital, and our fine agricultural lands will furnish 
us with provisions, our great and decided commercial facilities 
and position will give full and active employment to the ener- 
gies and enterprise of our people, and will prevent them from 
sinking into that state of apathy and indifference which can 
not exist in a commercial and active community. 

Our new State will soon take her equal station among the 
other States of the Union. When admitted a member of that 
great sisterhood, she will occupy an important position, impos- 
ing upon her new and great responsibilities. She can never 
forget what is due to herself, much less can she forget what is 
due to the whole Union. Her destiny will be united with that 
of her sister States, and she will form one of the links of that 
bright chain that binds together the happy millions of the 
American people. 

How wide and extended is our expanding country ! With 
only tliirteen States and three millions of inhabitants originally, 
we have grown in the short space of three quarters of a century 
to be one of the greatest nations of the earth. With a Federal 
Government to manage and control our external relations with 
the world at large, and State governments to regulate our inter- 
nal and business relations with each other, our system is pecu- 



THE CHINESE. 351 

liarly adapted for extension over a wide field, witliout danger 
of becoming unwieldy and impracticable. We have now more 
than twenty millions of inhabitants, and thirty States, with 
others knocking at the door of the Union for admittance. Our 
States and cities have the eastern coast of ISTorth America facing 
Europe, and our country extends across the entire continent 
to the shores of the Pacific, facing the millions of Asia. "We 
have commanding military and commercial positions on both 
oceans, and nothing can retard our onward march to greatness 
but our own errors and our own follies. California has her 
part to act in this great march of improvement, and whether 
she acts well her part or not depends much upon her early 
legislation. 

With the most ardent desire to do my duty fully and frankly 
toward our new and rising State, I pledge you my most cor- 
dial cooperation in your eftorts to promote the happiness of 
California and the Union. For the principles that will govern 
me in my administration of the executive department of the 
State,-I beg leave to refer you to my forthcoming message. 

I thank you, gentlemen, for the kindness and courtesy you 
have shown me, and hope that your labors may redound to 
your own honor and the happiness of your constituents. 



THE CHINESE REASOXS FOR THEIR EXCLUSIOK THE 

BURLi:S^GAME TREATY. 

In the view of many most humane and devoted peo- 
ple, our country should be thrown open to all the world, 
with the right not only of domicile, but of citizenship. 
Regarding, as I do myself, all mankind as of the same 
origin, these persons seem to think that the population of 
the globe should be left, like water, to find its own level. 
But this comprehensive and apparently just view is too 
liberal for practical statesmanship. The practical re- 
sult would be, that the Mongolian race (the most nu- 
merous of the families of mankind) would in due time 



352 RECOLLECTIONS OF AN OLD PIONEER. 

possess the country on this coast, to the ultimate exclu- 
sion of the white man. 

The Chinese Empire is one of vast extent, every- 
where under the same compact government. It con- 
tains four hundred millions of people, about equal to one 
third the population of the world. These people esteem 
their country (and with much apparent reason) as the 
oldest, wealthiest, and grandest empire upon this earth. 
No other people are so proud of their country, or so in- 
veterately attached to it, as are the Chinese. But, while 
they regard their country with so much admu-ation and 
affection as not to desire a pertnanent allegiance to any 
other government, they would doubtless be willing to 
extend its limits by the colonization and addition of other 
territory. 

Their policy of isolation, continued for a long series 
of centuries, has made their people peaceable, economi- 
cal, loyal, and industrious ; and, in the general absence 
of foreign and domestic wars, the population has in- 
creased, under the legitimate effects of this policy, to 
such enormous proportions as to become suffering and 
corrupt. 

For thousands of years the Chinese have been accus- 
tomed to live upon as little as would possibly support 
human life. For ages upon ages their inventive facul- 
ties seem to have lain dormant. Their rulers and states- 
men have, during long periods in the past, opposed all 
labor-saving inventions, for the simple reason that their 
labor-market was overstocked. They seldom or never 
change the style or character of their manufactured 
articles, or their fashions of dress, because such changes 
would violate their most rigid rules of economy. The 
style of dress for the laboring classes is the simplest 
and cheapest possible, consistent with ease and comfort. 



THE CHINESE. 353 

A Chinese laborer will provide himself with a bamboo 
hat, costing twenty-five cents, that will last him a life- 
time. His shoes are made of cheap but durable mate- 
rials, with broad, thick, flat bottoms, that wear away 
slowly and never slip ; and his shoes never produce 
corns on his feet. A Chinese merchant makes all his 
mathematical calculations upon a plain little wooden 
box, twelve inches long, six inches wide, and two inches 
deep, with parallel wires passing lengthwise through it, 
and one inch apart, upon which are placed a number of 
small wooden balls. This little instrument will cost 
fifty cents, last for hundreds of years, and save several 
hundred dollars a year in stationery to a large estab- 
lishment. 

Their merchants are very intelligent men in their 
line of business. I was well acquainted with Fung 
Tang, the Chinese orator and merchant. lie was a cul- 
tivated man, well read in the history of the world, 
spoke four or five different languages fluently, includ- 
ing English, and was a most agreeable gentleman, of 
easy and pleasing manners. 

When the Chinese merchants first arrived in San 
Francisco, and for a time thereafter, they made all 
their jnirchases of our merchants for cash. Within a 
short period they learned that, according to our mercan- 
tile usages, cash sales meant payment on steamer-day ; 
and, as these days were semi-monthly, they readily 
availed themselves of the credit they could thus obtain. 
A little later they purchased on thirty, forty, and sixty 
days' time. In short, they learned all our usages that 
promised them any advantages, except the three days' 
grace on promissory notes and bills of exchange. That 
provision no Chinese merchant ever learned ; so that, if 
a Chinaman made his note payable on the first day of 



354 RECOLLECTIOXS OF AN OLD PIONEER. 

June, lie would pay on that day, though legally entitled 
to wait till the fourth. There is something so inconsis- 
tent in the position that, although a note by its express 
terms was made payable on the first of June, yet in law 
it was payable on the fourth, that Chinese acuteness 
never comprehended it. 

While they are perfectly willing themselves to pur- 
chase on credit, they decline to sell to our people on 
time. One of our leading merchants, on one occasion, 
determined to monopolize all the rice in San Francisco. 
To carry out this purpose, he went to a large wholesale 
Chinese rice-house, and said to the owner, " Suppose I 
should wish to purchase two thousand bags of rice, 
could you supply me with that number ? " " Yes, me 
sell you that number." After quietly talking some time, 
the American merchant again asked, "Could you sell 
me four thousand? " "Yes, me sell you four thousand." 
The American merchant continued the conversation 
about other matters for some time, and then quietly 
said, " Suppose I should conclude to take six thousand, 
could you supply that number ? " " Yes, me sell you six 
thousand." " Would you give me any time ? " " Me 
know you one very rich Melican merchant. Me give 
you time. You pay me one half when the rice is 
weighed, and the other half when it is on the dray." 

Born and nursed in poverty, and early trained in the 
severe schools of unremitting toil and extreme economy, 
the Chinaman is more than a match for the white man 
in the struggle for existence. The white man can do 
as much work, and as skillfully, as the Chinaman ; but 
he can not live so cheaply. It woiild require many cen- 
turies of inexorable training to bring the white man 
down to the low level of the Chinese mode of living. 
Were Chinamen permitted to settle in our country at 



THE CHINESE. 355 

theii- pleasure, and were they granted all the rights and 
privileges of the whites, and the laws were then impar- 
tially and efficiently administered, so that the two races 
would stand precisely and practically equal in all re- 
spects, in one century the Chinese would own all the 
property on this coast. This result they would accom- 
plish by their greater numbers and superior economy. 

We have not yet had a full and fair opportunity to 
study Chinese character, as those among us are, by cir- 
cumstances, put upon their very best behavior. The 
same number of Americans placed in China would prove 
very peaceable and industrious. This Avould necessarily 
be so. Small bodies of men living in a foreign country, 
perfectly defenseless, and with full knowledge that they 
are at the mercy of the natives, will be very apt to act 
most jjrudently. In comparing the Chinese with our 
own people, a fair and just allowance should be made 
for the difference in their respective positions. 

If two equally poor young men of the same capacity 
and health should start in life together at the age of 
twenty-one, and obtain the same compensation and 
continue so for ten years, and one should be a good 
economist and save up a portion of his income each 
year, and the other should spend all his as fast as re- 
ceived, at the end of the ten years the first would be in 
independent circumstances, while the other would be as 
poor as at the beginning, and would have lost ten years 
of his business life. Such are the effects of economy 
even for short periods of time. But extend this prac- 
tice of saving for a hundred years, and the effects will 
be surprising. 

It is painful to the thoughtful and reflective to see a 
proscribed class of men in any community. It is more 
especially so in a republic, where every citizen is a sov- 



356 RECOLLECTIONS OF AN OLD PIONEEE. 

ereign, where the laws are practically made by the ma- 
jority, and where the officers charged with the execution 
of the same are elected by this majority. Under such 
a theory of government, no unpopular law can be fairly 
enforced. You may speak, write, and publish all that 
can be said upon the subject, and still the laws can not 
be practically and efficiently administered for the pro- 
tection of an unpopular class of men. Modes of evasion 
will be successfully resorted to. We see this fully exem- 
plified here in San Francisco. AVhile parents will not 
very often openly assault Chinamen in the streets of the 
city, they can manage to show their hostility through 
their children. The young are natural tyrants, and, 
when they find victims upon whom they can practice 
this tyranny with impunity, they never fail to do it. 
It is very difficult, if not impossible, for the police and 
other officers of the law to prevent this violence in 
children, when they are not restrained, but rather en- 
couraged, by their parents and a majority of the voters. 
The worst effect of the presence of the Chinese among 
us is the fact that it is making tyrants and latcless ruf- 
fians of our hoys. It is true, the poor Chinamen suffer 
from this violence, but still their situation in California 
is better than their former half-starved condition at 
home. Here they are well fed, housed, and clothed. 

I have long been opposed to the residence of the 
Chinese among us, except for purposes of trade. This 
opposition is not based upon any prejudice against the 
race, for I am not conscious of prejudices against any 
race of men. I believe, with St. Paul, in the unity of 
the human race, as expressed in the twenty-sixth verse 
of the seventeenth chapter of Acts. But, while I am 
opposed to the residence of Chinese laborers among us, 
I am equally opposed to all illegal methods of preventing 



THE BTJRLINGAME TREATY. 357 

the settlement of other Chinamen in our country, or for 
expelling those that are now resident here. The only 
legal, loyal, and just mode of preventing and removing 
the evil is, to begin at the beginning, and correct the 
first error by amending the treaty. 

The Burlingame treaty should have been so framed 
as to allow the merchants of each country a residence 
within the limits of the other for purposes of trade and 
commerce only. The treaty, as it now exists, very 
plausibly assumes to put the people of the two nations 
upon about equal terms ; but in practical effect it is very 
far from working equally. It is like the fable of the 
fox and the stork. The fox invited the stork to dinner, 
which consisted of thin soup served up in shallow 
dishes. While the fox, with his flexible tongue, readily 
licked up all the soup, the poor stork, with his long, in- 
flexible bill, could not swallow a drop. All the calm, 
cunning, but mock politeness of the fox in urging the 
stork to help himself could not better his condition, 
and he went without his dinner. So it is with our peo- 
ple. Their condition is such that they can not go to 
China to reside and make a living, but the Chinese 
can well come here, and improve their condition by 
doing so. 

The Chinese Empire will not jDrobably sustain for 
the future the same relative position toward the other 
nations of the world that it has done for many ages 
past. The civilized nations found the Chinese isolated 
from the other peoples of the earth, and brought such 
influences to bear upon their Government as to induce 
a departure, at least in part, from the former policy. 
This is only the beginning of an entire change. The 
rulers and statesmen of that country will soon learn, 
especially from the ambassadors they are now sending 



358 RECOLLECTIONS OF AN OLD PIONEER. 

abroad, that all the intellect of mankind is not to be 
found in China ; that other nations excel them in many 
decisive respects ; and that their Government must 
adopt all the great improvements of other nations, in 
order to protect its own rights. These rulers and states- 
men will, in due time, come to understand the great fact 
that the Chinese Empire, by adopting the improvements 
of other nations, can readily become the greatest power 
in the world. All that Government has to do, in order 
to attain the foremost position among the nations of the 
earth, is to employ its almost unlimited resources to the 
best advantage. It could readily spare one hundred of 
the four hundred millions of its population, without im- 
pairing its effective strength ; and the condition of the 
remaining three hundred millions would be improved by 
the change. China could organize and support an army 
of such numbers as, when well disciplined and ably com- 
manded, would be perfectly irresistible in most portions 
of Asia. Nothing is more probable than that China 
within the next century will fully learn and use her 
mighty power. Then she may give England more trou- 
ble in India than England has any reason to fear from 
Russia. England, some years ago, forced China to ad- 
mit the importation of opium, and she may not forget 
or forgive this act. Nations often live long enough to 
punish their enemies. There being no supernal exist- 
ence for nations, they can only be punished in this world ; 
and they never learn except through suffering. 



CHAPTER IX. 

GENERAL KILEY JUDGE THOMAS VARIABLE PRICES 

MONOPOLIES. 

On the 22d of December, 1849, I sent the following 
message, with accompanying documents, to the Legis- 
lature : 

San Jose, December 22, 1849. 

Gentlemen of the Senate and Assembly : I take pleasure 
in placing before you the two accompanying proclamations is- 
sued by the late Governor Eiley, and respectfully suggest that 
a convenient number be printed for distribution. 

It has been my happiness to have long known Governor 
Riley, and I can say, in all sincerity and candor, that there does 
not exist, in my opinion, a more ardent and devoted friend of 
his country, or one who has served her more faithfully ; and I 
desire to put on record this humble testimony to the character 
and services of one who has done so much for the people of 
California, and enjoys so fully their confidence and esteem. 

Peter H. Burnett. 

Proclamation. To the People of California. 

It having been ascertained by the official canvass that the 
Constitution submitted to the people on the 13th day of Novem- 
ber was ratified by the almost unanimous vote of the electors of 
this State : 

Now.! therefore^ I, Bonnet Riley, Brevet Brigadier General 
U. S. Army, and Governor of California, do hereby proclaim 



360 RECOLLECTIONS OF AN OLD PIONEER. 

and declare the said Constitution to be ordained and established 
as the Constitution of the State of California. 

Given at Monterey, California, this 12th day of December, 
1849. 

(Signed) B, Eiley, 

Bt. Brig. Gen. U. S. A. and Governor of California. 
By the Governor. 

H. W. Halleok, Bt. Capt. and Secretary of State. 

Proclamation. To the People of California. 

A new Executive having been elected aud installed into 
office, in accordance with the provisions of the Constitution of 
the State, the undersigned hereby resigns his powers as Gover- 
nor of California. In thus dissolving his official connection with 
the people of this country, he would tender to them his most 
heartfelt thanks for their many kind attentions, and for the 
uniform support they have given to the measures of his admin- 
istration. The principal object of all his wishes is now accom- 
plished ; the people have a government of their own choice — 
one which, under the favor of Divine Providence, will secure 
their own prosperity and happiness, and the permanent welfare 
of the new State. 

Given at San Jose, California, this 20th day of December 
A. D. 1849. 

(Signed) B. Riley. 

Bt. Bi'ig. Gen. U. S. A. and Governor of California. 

By the Governor. 

H. W. IIalleck, Bt. Capt. and Secretary of State. 

On March 30, 1850, the Convention of both Houses 
unanimously elected James S. Thomas Judge of the 
Sixth Judicial District of California, which district in- 
cluded Sacramento City. He returned to Missouri 
within a year or two thereafter, married, and then took 
up his residence in St. Louis, where I saw him in the 
fall of 18.56. He was then far gone in consumption, 



THE FffiST SESSION OF THE LEGISLATURE. 361 

and died there in 1857 or 1858. He was an excellent 
man. 

The rainy season of 1849-'50 set in on the night of 
October 28, 1849, and terminated March 22, 1850. It 
was one of our wettest seasons. The rainfall that 
season, as shown by the rain-gauge kept by Dr. Lo- 
gan at Sacramento City, was upward of thirty-six 
inches. 

The first session of our Legislature was one of the 
best we have ever had. The members were honest, in- 
defatigable workers. The long-continued rainy season 
and the want of facilities for dispatching business were 
great obstacles in their way. Besides, they had to be- 
gin at the beginning, and create an entire new code of 
statute law, with but very few authorities to consult. 
The Convention that framed our Constitution and the 
first session of our Legislature were placed in the same 
position in this respect. Under the circumstances, their 
labors were most creditable to them. They had not 
only few authorities to consult, but their time was short. 
At the close of the session, the bills came into my hands 
so rapidly that it was a physical impossibility to read 
them all myself within the time allowed me. I was, 
therefore, compelled to refer some to the Secretary of 
State, and others to my Private Secretary, and approve 
them after a single reading upon their recommenda- 
tion. I had to do this, or let the State government go 
on with a mutilated code of statutory law, or call an 
extra session. 

During the winter of ISIO-'SO the prices of provi- 
sions were most exorbitant. This was owing to mo- 
nopolies and the great cost of transportation over bad 
roads. In many mining localities flour was sold at 
from fifty cents to one dollar a pound. At San Jose 



362 RECOLLECTIONS OF AN OLD TIONEER. 

flour was sold for twenty-five cents a pound, sugar fifty 
cents, and coffee seventy-five. 

For some years California was subject to extremely 
low and high markets. Everything was imported, and 
nothing made. We were so distant from the sources 
of sup^^ly, and our communication with New York so 
infrequent, being by monthly steamers, that speculators 
often monopolized all of certain articles. One large 
operator purchased all the flour, and others different 
articles of prime necessity. On one occasion one man 
went around San Francisco and bought up all the cut 
tacks in the city, and then put up the price to a high 
figure. At one time the country would be overstocked, 
and then prices would recede to so low a figure that im- 
portations into the State would cease for a time. The 
article of shot in the summer of 1849 was worth only 
one dollar and twenty-five cents per bag of twenty-five 
pounds, and in the following winter readily brought ten 
dollars per bag. Iron at one time was scarcely worth 
the storage. So of mining implements and many other 
supplies. Speculators would at such times monopolize 
these articles and put up the prices. 

AGKICULTUEAL CHARACTER OF THE STATE NATIVE 

GRASSES ANNUAL NOT PERENNIAL — NATIVE CLOVER. 

Our agriculture may be said to have fairly started 
in the spring of 1850, Before that time cultivation in 
California was very limited. The few people residing 
in the country before gold was discovered found rear- 
ing stock far more profitable than agriculture. Land 
was very cheap, and pasturage was most ample ; and 
no people will undergo the drudgery of farming when 
they can do better with less hard work. 



AGRICULTURAL CHARACTER OF CALIFORNIA. 363 

At the time I delivered my inaugural address in De- 
cember, 1849, very few, if any, believed with me that 
our agricultural and commercial interests were greater 
and more commanding than our mineral resources ; but 
time has shown the correctness of the opinion then ex- 
pressed. For some years after the organization of the 
State government, the members of the Senate and As- 
sembly from the mining counties constituted a large 
majority in the Legislature, and controlled the action 
of that body. But time has essentially changed this 
state of things, and has given the control to the agri- 
cultural counties and the manufacturing and commer- 
cial cities. 

As heretofore stated, the western side of the conti- 
nent of North America is Asiatic in its main geographi- 
cal features, and differs very much from the gently 
undulating country east of the Rocky Mountains. It 
is a country of mountains and valleys. Our hills gen- 
erally swell into tall mountains, and our valleys appear 
to the eye to be substantially dead smooth levels ; but 
they descend about nine to ten feet to the mile. The 
formation of these valleys is very different from that of 
the agricultural lands east. 

For the sake of illustration, I will take the valley of 
San Jose, to which I can almost apply the beautiful and 
ardent language of Moore : " There is not in the wide 
world a valley so sweet." This valley has an average 
width of about ten miles, and a length of about seventy. 
On the surface there is a stratum of clay, varying in 
thickness from ten to fifteen feet. Beneath this is a 
stratum of gravel about five feet thick, beneath that 
another stratum of clay, and then other alternate strata 
of clay and gravel. On each side of this" long valley 
there is a range of tall mountains, and from the edges 



364 RECOLLECTIONS OF AN OLD PIONEER. 

of this valley to the summits of these mountains the 
distance is from ten to twenty miles. The rainfall in 
the mountains is double that in the valley. There are 
two outlets from the valley to the ocean, one through 
the Bay of San Francisco, and the other through the 
Bay of Monterey. The length of the streams after they 
reach the valley is from fiften to twenty miles, and their 
banks are from six to eight feet high. In the winter 
the supply of water from the mountains is so great that 
the beds of the streams in the valley are full, often to 
overflowing ; but in the summer and fall many of their 
beds are dry, except where the water is found in pools. 
During our long dry season, the various living 
streams from the mountains pour their treasures of wa- 
ter into the valley, but in most cases the water runs but 
a short distance after entering the valley, being soon 
swallowed up by the various strata of gravel, through 
which it percolates slowly, and passes underground into 
the bays. As there is a descent of about nine or ten 
feet to the mile, and as the banks of these streams in 
the valley are only from six to eight feet high, it will 
be readily seen that, one mile below the point where the 
water from the mountains enters the strata of gravel, 
the surface of the valley will be upon a level with the 
point mentioned ; and two miles below that point the 
sui-face will be from ten to twelve feet below it. As 
you go farther down the valley, the surface will be cor- 
respondingly lower. As the water percolates slowly 
through these strata of gravel, the pressure to rise to 
the surface becomes so strong that the strata of clay 
above are kept wet even in the dry season ; so that, 
while the moisture necessary to mature the crops east 
of the Rocky Mountains comes down from above in the 
shape of rain, in California it comes up by pressure 



NATIVE GRASSES ANNUAL. 365 

from below. When the surface is well cultivated, 
and the ground kept perfectly pulverized, evaporation 
is almost prevented. These are the main reasons why 
we can produce bountiful crops of grain and grass in 
California during the long dry season. 

But, besides these facts, our mild winter climate aids 
us very materially. If grain be sown before or soon after 
the fall rains set in, it will attain a considerable growth 
during the winter, which substantially ends by the first 
of February. By the time the rains cease in March, the 
grain will have attained a height of from six to ten 
inches, forming an impenetrable green sward, through 
which the sun's rays can not penetrate to the earth. 
For about six weeks after the cessation of the main 
rainy season the dews fall heavily, and this moisture 
sinks into the ground. As the evaporation is very little 
until the wheat begins to head, there is enough mois- 
ture left, with the aid of that which comes from below, 
to mature the crops of grain. 

All our native grasses, with a very few exceptions in 
rare localities, are annual and not perennial, as they are 
in most other countries. The seeds of the various na- 
tive grasses ripen in Jime, and fall to the ground and 
into the small crevices produced by the drying of the 
surface. When the fall rains set in, these seeds begin to 
sprout ; and, although their growth during the winter 
is slow, it is fast enough to keep the stock alive in many 
cases. In other cases they have to be fed for a little 
while. Grasses that are elsewhere grown for hay are 
never cultivated in California, as the most productive 
hay-crop is either barley or the smooth-head wheat. 

We have a peculiar native clover which produces a 
rich seed. In each small, prickly, spiral burr there are 
from five to seven flat, yellow seeds, about as large as 



366 RECOLLECTIONS OF AN OLD PIONEER. 

the -yellow mustard-seed of commerce. During the 
growing season there are other native grasses which are 
preferred by animals, and this clover is permitted to 
mature its bountiful crojD of hay and seed untouched. 
As all the native grasses ripen in the dry season, they 
make good hay, upon which the animals live for a time. 
When this hay is consumed, then the animals resort to 
the clover hay and seed. A stranger will be surprised 
at first to see the fat cattle with their heads to the dry 
and apparently bare ground, as if they were feeding 
upon the dust of the earth ; while they are, in fact, eat- 
ing the seed of this clover, which they gather in with 
their long, flexible tongues. 

Bountiful crops of Indian corn are grown in certain 
localities without any rain whatever, as the corn is 
planted after the rains cease. The cultivator of this 
grain selects a rich soil in a valley and near some 
mountain, from which the moisture comes underground 
steadily during the growing season. This water perco- 
lates strata of gravel, and rises slowly to the surface 
of the ground. 

The observations I have made apply to the ordinary 
seasons in California. At intervals we have a famine 
year, when there is almost an entire failure of crops in 
three fourths of the State. Our average annual rainfall 
at Sacramento (which may be regarded as an average 
point for the agricultural valleys of the country) is 
about twenty inches. With fifteen inches of rain we 
can make good crops. In the winters of 1850-'51, 
1863-'64, and 1876-'77, our rainfall was about seven 
inches. The summers of 1851, 1864, and 1877 were our 
driest seasons since I have been in California ; and 
they were just thirteen years apart. Between these ex- 
tremely dry seasons there were seasons comparatively 



THE SQUIRRELS OF CALIFORNIA. 367 

dry when the annual rainfall would vary from eight to 
thirteen inches. Once in five years, upon an average, 
there has been too little rain for a fair crop. 

THE SQUIRRELS OF CALIFORNIA THEIR PECULIAR CHAR- 
ACTERISTICS — SPECULATIVE CHARACTER OF OUR FAR- 
MERS UNCERTAINTY OF WEALTH IN" THIS STATE 

INCIDENTS. 

One of the greatest obstacles agriculture has had to 
meet in California was caused by the millions of squir- 
rels. Our squirrel is of a dirty-gray color, very much 
resembling that of dry grass, and is about twice as 
heavy as the gray squirrel of the Mississippi valley, but 
not so active and beautiful. These creatures live in 
communities, like the prairie-dogs of the plains. They 
select the highest and driest localities in the valleys, so 
as to escape the floods of winter, and there make their 
homes by burrowing in the ground. 

Before the country was inhabited by Americans, 
these pests were not very troublesome, because cultiva- 
tion was then so limited, and their excessive increase 
was prevented by the coyotes (small wolves) and snakes, 
then very numerous. But, when our people came to the 
country, they soon destroyed the coyotes by poison and 
the rifle, and killed the snakes ; and, as the squirrels, 
like other little animals, multiply rapidly, they soon be- 
came so numerous as to destroy whole fields of growing 
grain, even before the berries had formed in the heads. 

These animals, which are almost as sensitive to cold 
as the alligator, lay up a sufficient store of provisions in 
summer, and confine themselves to their homes during 
winter. Even in summer they generally do not make 
their appearance until after sunrise. When they become 



368 RECOLLECTIONS OF AN OLD PIONEER. 

too numerous in one locality they emigrate to another, 
most generally in the night-time. In their villages they 
seem to have sentinels out, as the moment one sees an 
enemy approaching he sets up a loud cry that brings all 
to their holes instantly. They can not be driven from 
their homes. If a village be drowned out by water, the 
squirrels will not leave and seek safety in other places 
of refuge. They seem to think that there is no safety 
anywhere else. If driven by the water from their holes 
at one entrance they will, in the presence of men or 
dogs, run to another opening and plunge in. If a grain- 
field be some distance from their village, they will con- 
struct temporary retreats between it and the field, and 
into these holes they will escape for the time. 

The best way to destroy them in the valleys is to 
cultivate by deep plowing the sites of their villages. 
By keeping the ground well pulverized upon the sur- 
face, the water in our very rainy winters will penetrate 
to their beds and destroy the squirrels, as they can not 
exist except in dry and wai'm homes. The water also 
destroys their stock of provisions. In some localities 
the streams are turned out in the winter, and made to 
overflow large tracts of level land. Vast numbers have 
been thus destroyed. When their holes are full of 
water, they will come out wet, sit on the tops of the lit- 
tle hills formed by the earth thrown out from the holes, 
and, if not disturbed, remain there until they perish with 
cold. 

By poison and other means of destruction, these lit- 
tle pests have been generally destroyed in the fertile 
valleys ; but in the foothills, and other localities that 
can not be cultivated, they are still most destructive. 
They feed upon the young green plants as well as upon 
the ripened grain. 



SPECULATIVE FARMING. 3G9 

Farming in California, like most other pursuits, has 
been speculative. A man would come from the mines 
with say ten thousand dollars, and Would lease from one 
to two hundred acres of good wheat-land. With his 
own money he could purchase his seed-grain, and pay 
for a part of his hired labor. He would purchase his 
farming implements, harness, and work-animals on cred- 
it, and draw upon his commission merchant for provi- 
sions and other supplies. If the season proved propi- 
tious, and the price of grain high, he would net from 
twenty to thirty thousand dollars on his first crop, and 
then probably lose it the next or some subsequent year. 
If he failed, he would be off to the mines again. 

Before the production of grain in California and 
Oregon was equal to the home demand, the prices were 
high. So soon as there was a surplus for exportation, 
the home price was governed by the foreign demand, 
without regard to the quantity grown on this coast. 
Our farmers commenced with high prices for grain, and 
paid high wages for labor. But the prices of grain re- 
ceded in many instances faster than the rates of wages. 
A farmer in Alameda County employed an honest, in- 
dustrious, sober, and careful Irishman for five years at 
the monthly wages of fifty dollars, the employer fur- 
nishing board, lodging, washing, and mending. At the 
end of that time he said to the Irishman : " I can not 
afford to pay you the wages I have been paying. It is 
true, I own my farm and stock, and I am not in debt. 
You have saved up a good sum of money, and I have 
saved nothing. You have made all the money, and, if 
things go on in this way, you will soon own my farm, 
and then what shall I do ? " " Well," answered the 
Irishman, " I will hire you to work for me, and you will 
get your farm back again." In California it has fre- 



370 RECOLLECTIONS OF AN OLD PIONEER. 

quently happened that the teamster in time became the 
owner of the team, and in turn employed the former 
owner to drive it. There never was, perhaps, a country 
in which the mutations of fortune have been greater in 
time of peace than in California. It has been the coun- 
try in which a fortune was most easily made and most 
speedily lost. 

When I took up my residence in San Joso in 1849, 
Grove C. Cook, then aged about fifty, was one of the 
wealthy men of that city. He had lived some years in 
the Rocky Mountains as a trapper or trader, but came 
to San Jose some years before the discovery of gold, 
and had acquired a considerable amount of real estate, 
the enhanced value of which made him comparatively 
a rich man. He was generous, kind-hearted, and witty. 
Soon after the State organization, the population of San 
Jose rapidly increased ; and, as hotels and boarding- 
houses were few, the young lawyers and others about 
the city, who were " too proud to work and too genteel 
to steal," induced Cook to open a boarding-house. Af- 
ter he had been running this new establishment for 
some months, he found it a ruinous business to him, 
and said to some of his friends, " I have the most ex- 
traordinary set of boarders in the world. They never 
miss a meal or pay a dime." 

Such cases were very common in California. A man 
kept a boarding-house at a mining camp, and his board- 
ers did not pay. He called them up and informed them 
that he could not afford to keep them without pay, and 
asked them what they would advise him to do. They 
replied that, if he could not afford to keep them without 
pay, they would advise him to sell out to some one who 
could. 

A lawyer about thirty-five years of age induced 



INCIDENTS. 371 

Cook to endorse for him to the amount of one thousand 
dollars, and Cook had to pay the note. There was a 
political convention held in San Jose in the summer of 
1851, and Cook and myself among others were specta- 
tors. This lawyer was an eloquent man and a most 
ready debater, and appeared before the convention as 
an aspirant for a nomination. He made a most admir- 
able speech, and when he had resumed his seat Cook 
most promptly addressed the president as follows : 

" Mr. President, I really wish you would give Mr. 

some office. He owes me a thousand dollars, and I want 
my money." This proposition was so clear and so much 
to the point that our ready and most voluble lawyer 
could make no reply, and was for once silent. Were I 
allowed to make a distinction, and to mark it with a 
new term coined in this city by an obscure person, I 
should say that a man who devotes most of his time to 
politics, and yet pays his honest debts, is properly called 
a politician, but a man who devotes most of his time to 
politics, and does not pay his honest debts, should be 
called a " politicioner." 

By going upon the official bonds and endorsing the 
notes of others, Cook soon lost most of his property. 
" He had his joke, and they had his estate." 

For some years after- the discovery of gold in Cali- 
fornia it was dangerous for a man of property to be 
absent from the State even for a few months, as others 
were almost certain to administer upon his estate during 
his absence in some form or other. If he appointed an 
agent, the owner would be very likely to find upon his 
return that his agent had sold his property and ab- 
sconded with the proceeds. If he left no agent, he 
found his real estate in possession of squatters. 

In some cases regular letters of administration were 
17 



372 RECOLLECTIONS OF AN OLD PIONEER. 

taken out. Mr. was County Recorder in one of 

our best counties for two years. He acquired some 
valuable real estate, and then went upon a visit to his 
native State, and was absent between two and three 
years. Upon his return to California, he was astonished 
and hugely disgusted to find that during his absence 
regular letters of administration had been granted, and 
the administrator was in possession of the estate. Al- 
though he was a man of fine manners and of good edu- 
cation, he was noted for his homely features ; and upon 
this occasion his personal beauty was not improved. 

INCREDULITY OF THE PEOPLE EAST AS TO THE TEUB 
FACTS IN REGARD TO CALIFORNIA SCURVY — AD- 
MISSION OF CALIFORNIA INTO THE UNION — STAGE- 
RACE — CHOLERA. 

The productions of California are so different from 
those of the States east of the Rocky Mountains that 
the people of the older States would not for some years 
believe the truth, though stated by the most worthy and 
reliable persons. As illustrative of this state of incre- 
dulity, I will relate the following incidents : 

Cary Peebles (now a resident of Santa Clara County) 
and myself were schoolmates in old Franklin, Missouri, 
as early as 1820. When gold was discovered in Cali- 
fornia, he resided in Lafayette, one of the^est counties 
in Missouri, where he kept a country store. Late in the 
fall of 1848 he received a long letter from a trustwor- 
thy friend in California, giving a fair and truthful de- 
scription of our gold-mines. A large crowd assembled 
at the store to hear this letter read. Peebles had not 
proceeded far with the reading when some one in the 
crowd gave a loud, shrill whistle, and then exclaimed, 



PRODUCTIONS IN CALIFORNIA. 373 

" Isn't that a whopper ! " This was followed by a uni- 
versal roar of laughter, as loud as stout lungs and large 
throats could utter. When the tumult at length ceased, 
Peebles continued his reading, and was several times 
greeted with the same derisive laughter. Had he been 
the author of the letter, he would have been laughed to 
silence and to scorn. 

Page, Bacon & Co. were extensive bankers in St. 
Louis ; and in the latter part of 1849, or the beginning 
of 1850, they established two branches of their house 
in California — one in San Francisco, and the other in 
Sacramento City. The senior partner, " old man Page," 
commenced business in St. Louis in early manhood as a 
baker, prospered in that line for a time, and then com- 
menced banking, and still prospered. The branch in 
San Francisco was managed by Judge Chambers and 
Henry Haight, and that in Sacramento City by Frank 
Page, son of the senior partner. In 1852 Frank re- 
turned to St. Louis on a visit ; and one day at dinner, 
at his father's house, they had some onions on the table. 
Frank remarked that those were very small onions. His 
father replied that they were the largest to be had in 
the market. Frank very innocently and thoughtlessly 
said that in California we grew onions almost as large 
as a man's hat-crown. Upon this the fifteen or twenty 
guests at table threw themselves back in their seats and 
laughed most immoderately. Frank was deeply morti- 
fied, because he was perfectly alone and entirely help- 
less. He had always been truthful ; and, while they 
were too polite to say in words that they did not be- 
lieve him, they plainly said so by their actions. Dur- 
ing the remainder of his visit, whenever, in answer to 
inquiries, he would state any fact in regard to Califor- 
nia that exceeded their Missouri experience, his father 



374: RECOLLECTIONS OF AN OLD PIONEER. 

would take off his hat, run his thumb slowly around 
the crown, and look slyly at Frank, as much as to 
say, " Another onion story, my son," Frank became so 
unhappy from this quizzing that he hastened his return 
to California sooner than he otherwise would have 
done. 

In the fall of 1853 the old gentleman himself came 
to California for the first time. Frank had not forgot- 
ten the treatment he received in St. Louis, and, when 
his father came to Sacramento City, quietly invited him 
to take a walk. He took his father around the city, 
and, after showing him various establishments, brought 
him to a large agricultural warehouse, where he showed 
him large beets, squashes, melons, and potatoes. Finally 
stopping in front of some sacks containing large onions, 
he said, " Father, look there," and then took off his hat 
and slowly ran his thumb around the crown as his fa- 
ther had done, and slyly asked his father what he thought 
of those onions. The old man gazed with surprise at 
the onions, his face flushed, and after a time he said, 
" Frank, I give it up. I never could have believed that 
onions so large could be grown anywhere, had I not 
seen them with my own eyes." 

On one occasion, one of our people was returning 
east upon a visit, and took with him one of our large 
potatoes, carefully put up in whisky to prevent shrink- 
age. One day, in a large concourse of j^eople in New 
York, the conversation turned upon the size of Califor- 
nia vegetables. He said that he had seen potatoes 
weighing so much each. His statement being disputed, 
he put them to silence by producing his potato. 

There are very good reasons why our vegetables are 
so large. First, the soil is very rich ; secondly, there is 
an ample and uniform supply of moisture by irrigation ; 



STAGE-EACE. 375 

third, the growing season is very long. These facts 
fully account for the large size of our vegetables. 

Before the production of a sufficient supply of vege- 
tables in California, those working in the mines were 
often afflicted with scurvy. These attacks ceased with 
ample supplies of fresh meats and vegetables. 

The State of California was admitted into the Union 
September 9, 1850. It so happened that I arrived in 
San Francisco, on my return from Sacramento City, the 
same day of the arrival of the steamer from Panama 
bringing the welcome intelligence of this event. We 
had a large and enthusiastic meeting in Portsmouth 
Square that evening. Next morning I left for San Jose 
on one of Crandall's stages. He was one of the cele- 
brated stage-men of California, like Foss and Monk. 
He was a most excellent man, and a cool, kind, but de- 
termined and skillful driver. On this occasion he drove 
himself, and I occupied the top front seat beside him. 
There were then two rival stage-lines to San Jose, and 
this was the time to test their speed. After passing 
over the sandy road to the Mission, there was some of 
the most rapid driving that I ever witnessed. The dis- 
tance was some fifty miles, most of the route being over 
smooth, dry, hard prairie ; and the drivers put their 
mustang teams to the utmost of their speed. As we 
flew past on our rapid course, the people flocked to the 
road to see what caused our fast driving and loud 
shouting, and, without slackening our speed in the 
slightest degree, we took off our hats, waved them 
around our heads, and shouted at the tops of our voices, 
" California is admitted into the Union ! " Upon this 
announcement the people along the road cheered as 
loudly and heartily as possible. I never witnessed a 
scene more exciting, and never felt more enthusiastic. 



376 RECOLLECTIONS OF AN OLD PIONEER. 

I never can forget Crandall's race. He beat his com- 
petitor only a few moments. Poor fellow ! When he 
became old and stiff, he was thrown from his seat while 
driving his stage, by one of the wheels snddenly drop- 
ping into a deep hole, and fell upon the dry, hard earth 
with such violence that he never recovered. A cele- 
brated stage-driver over the mountainous roads in the 
State of Nevada, who was beloved by all who knew him, 
on his death-bed a few years ago, after his sight had 
vanished, mournfully remarked, " I can't get my foot on 
the brakes." / 

In November, 1850, the cholera prevailed in Cali- 
fornia to a fearful extent. The loss in Sacramento City, 
according to the best estimate I am able to make, was 
about fif teen per c ent, of the population ; in San Jose, 
ten per cent. ; and in San Francisco, five per cent. 

EXTRACTS TEOM MY SECOND AISTNUAL MESSAGE — RESIG- 
NATION OE THE OEFICE OF GOVERXOE. 

The admission of California into the Union settled 
all questions as to the legality of our State Government, 
but did not remove the difliculties incident to our pecu- 
liar condition. The following extracts are taken from 
my second annual message : 

The attempt to administer the State Government during the 
past year has been attended by many diflSculties. To start a 
new system under ordinary circumstances is no easy task, but 
no new State lias ever been encompassed with so many embar- 
rassments as California. Our people formed a mixed and mul- 
titudinous host from all sections of our widely extended coun- 
try, and from almost every clime and nation in the world, with 
all their discordant views, feelings, prejudices, and opinions, 
and, thrown together like the sudden assemblage of a mighty 



EXTRACTS FROM SECOND ANNUAL MESSAGE. 377 

army, they had no time to compare notes or interchange opin- 
ions. Besides this, a majority considered themselves only tem- 
porary residents, and had therefore no permanent interest in 
sustaining the State Government. Serious resistance to the 
execution of the laws was threatened in some instances, and a 
very unfortunate disturbance occurred at Sacramento City, in 
reference to which it would be improper to express an opinion, 
as the facts of the case will be inquired into by the competent 
judicial tribunals. 

The first session of the Legislature had more difliculties to 
meet than perhaps the Legislature of any other State. That 
body had no beaten road to travel, no safe precedents to follow. 
California required a new system, adapted to her new and 
anomalous condition. What that new system should be, time 
and experience could alone determine. With the experience 
of the past year before us, we may be enabled to make some 
useful and necessary amendments. I have suggested such as 
have appeared to me the most important. It will be doubtless 
necessary to amend the acts of the last session in many respects, 
but I would respectfully suggest the propriety of making no 
amendments except where manifestly required. The people 
have now become accustomed to the laws as they are, and by 
making but few amendments a heavy amount of expense may 
be saved to the State. 

On the 9th day of January, 1851, I sent to both 
Houses my resignation as Governor of the State in the 
following words : 

Gentlemen of the Senate and Assembly: 

Circumstances entirely unexpected and unforeseen by me, 
and over which I could have no control, render it indispensable 
that I should devote all my time and attention to my private 
affairs. I therefore tender to both Houses of the Legislature 
my resignation as Governor of the State. 

I leave the high office to which I was called by the voluntary 
voice of my countrymen with but one regret — that my feeble 
abilities have allowed me to accomplish so little for the State. 



378 RECOLLECTIONS OF AN OLD PIONEER. 

In the humble sphere of a private citizen, I shall still cherish 
for lier that ardent attachment she so justly merits. "Within her 
serene and sunny limits I intend to spend the remainder of my 
days, many or few ; and, should an unfortunate crisis ever arise 
when such a sacrifice might be available and necessary for her 
safety, my limited fortune and fame, and my life, will be at 
her disposal, Petee H. Buenett. 

San Jose, January 8, 1851. 

This resignation was accepted, and my connection 
with the State as her Governor thus terminated. 

BESUME THE PRACTICE OF THE LAW DEATH OF JUDGE 

JONES PASSENGERS OP THE MARGARET A FAITH- 
FUL SON. 

After resigning the office of Governor, I resumed 
the practice of the law in partnership with C. T. Ryland 
and William T. Wallace. We had a good practice ; 
but a large portion of my own time was given to my 
private affairs, as they needed my prompt attention. 

In December, 1851, Judge Jones died in San Jose, 
and I copy the account of that sad event as I find it re- 
corded by myself, within a few day thereafter, except 
the day of the month, which I afterward ascertained 
and filled the blank I had left. 

The Hon. James M. Jones, Judge of the United States Dis- 
trict Court for the Southern District of California, died at San 
Jose on the 15th day of December, 1851. 

I can not in justice to the deceased, as well as to my own 
feelings, refrain from putting on record the substance of a long 
private interview I had with this gifted and accomplished young 
judge the day before his death. I first knew the deceased, 
while he attended as a member of the Convention at Monterey, 
in September, 1849. He was then about twenty-seven years 
old, a good and ripe scholar in tlie Spanish, French, and English 



DEATH OF JUDGE JONES. 379 

languages, wliich, I am informed, he wrote and spoke with ease 
and elegance, and that he also had a considerable knowledge of 
the German and Italian. At the period when I first knew him, 
I resided at San Jos6 with my family ; and, immediately after 
the adjournment of the Convention, he came to that place, and 
established himself in the practice of the law. His indefatigable 
perseverance, his eminent knowledge of his profession, and his 
chaste, earnest, and beautiful style of elocution, soon procured 
him a most lucrative practice. While I filled the position of 
Governor of the State, in the beginning of 1850, I had frequent 
conversations with him upon legal questions, and he was fre- 
quently a visitor at my house. In reference to his own aims 
and prospects in life he maintained a great reserve, never ob- 
truding his private affairs upon the public. He pursued any 
object he had in view with great earnestness and energy ; and 
to excessive application to his laborious profession his early and 
untimely death is doubtless in part to be attributed. I knew 
nothing of his early history, except what I learned during the 
interview before mentioned. 

I visited him on Sunday evening. It was a warm, bright, 
and lovely day. I found him in the last stage of consumption, 
wasted away to a skeleton, but in the full possession of his 
senses, entirely convinced of the near approach of death, and 
perfectly collected and resigned. After saluting me and asking 
me to be seated, he held up in his thin, pale, and bloodless 
fingers a cross which he had suspended from his neck, and in 
the most feeling manner said : " Governor ! this is the image of 
our most holy Catholic Faith — the representative of that cross 
upon which Jesus died. You have doubtless heard that I had 
joined the venerable old Catholic Church. I have never been 
an infidel. I had examined the positive evidences for Chris- 
tianity, and they greatly preponderated in favor of its truth ; 
and, taken in connection with its appropriate fitness to man's 
wants and nature, it was, as a lawyer would say, a plain case 
ui)on the face of the papers. But, although a believer in reli- 
gion, I deferred embracing it, because it required me to give up 
pleasures that I then looked upon with affection, but which I 
now regard as of no moment. I had also spent most of my time 



380 EECOLLECTIONS OF AN OLD PIONEER. 

in new countries, in the midst of the exciting and confused 
scenes incident to a new and unsettled state of society ; and my 
peculiar cast of mind had thrown me into relations and busi- 
ness with others that called away my attention from God, my 
Maker. Had I been a permanent resident of an old and regular 
community, I think I should have been an early member of the 
Ohurcli. I also looked upon our faith as peculiarly hard and 
exacting ; but, oh ! if I were only well and able, it would be a 
pleasure, instead of a labor, to me to enter into the house of 
God with His children, and there spend every moment I could 
possibly spare in His service. But I have deferred it so long. 
I have prayed to Jesus for the pardon of my sins. The greatest 
sin I have ever committed — that which has given me more pain, 
and that which I deplore more, than all others — is the fact 
that I deferred repentance to near the end of my existence — 
until my last sickness. Oh that I had given God my early 
days ! I have repented of it most bitterly. It is all that I 
could do. I know that death-bed repentances are not generally 
entitled to much confidence ; but I am sure that, were I to re- 
cover, I should henceforward lead a diflferent life. The world 
may say that my repentance is forced and not sincere; but the 
world may say what it pleases, it will not alter the fact. I 
know that I am sincere, and I can well spare the shadow if I can 
get the substance. If I can only get to heaven, I will be content. 
I trust in the merits of Christ. I look to His mercy for pardon. 
" And now, Governor, if I may be allowed to turn from 
heavenly to earthly subjects, I wish to mention a few things to 
you. My father has been dead many years, and my mother was 
twice married. I was a child by the first marriage. There are 
two children living, the issue of the second marriage — one a son 
of eleven years of age, and the other a daughter of thirteen. 
My brother is an innocent, prattling boy, of modest and quiet 
demeanor, and he loved me much. My sister is a kind and 
amiable girl. The great object I had in view in all my exer- 
tions to accumulate property was to make these children happy 
and comfortable. For this end I denied myself most of the 
luxuries and many of the comforts of life. I have often thought 
with pleasure, when refraining from some object I was tempted 



DEATH OF JUDGE JONES. 381 

to purchase, that by doing so I might render these children 
happy for six months. This was the great object for which I 
toiled — the object" (laying his hand upon his breast) "dearest 
to my heart. It was to me as a green leaf in a desert. I have 
not sought fame ; I cared but little for the opinions of men. 

"I wished also to make my mother happy in her old age. 
And such a mother/ She loved me under all circumstauces. 
She could love more than I. She had such a depth of affection 
— such a pure fountain of love. She loved all her children ; 
but there was so great a disparity in our ages that she loved 
me much the longest. She died not long since, and of the same 
disease that I have now. We were both of us sick at the same 
time, but so distant that neither could go to the other. Her 
death crushed me — gave me the last fatal blow. Since that 
time I have not seen a happy moment. The only happiness I 
have since enjoyed was mere freedom from pain. I had de- 
sired that my mother should spend her last days with me in 
California. I wished to make her last days happy. But I have 
been disappointed. God has taken her away. He has chas- 
tened me for my good. It has been to me a severe but just 
chastisement. 

" I wish. Governor, to make one request of you. I have 
made my will, and left Mr. Melone my executor. I wish you 
to render him what assistance you can in closing up the busi- 
ness of my estate. But I make this request with this distinct 
condition, that, if you can do more justice to your family by 
taking claims for collection against my estate, I wish you by all 
means to do so. We are commanded to love our neighbors as 
ourselves ; but a man's family are his nearest neighbors, and es- 
pecially such a family as yours." 

During this most affecting interview I could not but often 
weep. When he saw me weeping he said, " Governor, you are 
a good Christian." 

By his will he left his property in equal portions to his 
brother and sister, except that ten per cent, of the amount of 
his estate was to be appropriated in the erection of a tomb for 
his mother. 

Petee H. Bubnett. 



382 RECOLLECTIONS OF AN OLD PIONEER. 

Among the other successful lawyers whom I have 
known in California, and who came here in 1849, was a 
young man who told me in after years the cause of his 
coming to this country. His father and mother, broth- 
ers and sisters, had resided in the old homestead for 
many years. It was situated in a town in one of the 
New England States. It had descended to his father 
from his grandfather, and had been possessed by the 
family for one or more centuries. Some time before 
he left for California, his father endorsed for a friend, 
and the old place had been sold to pay the debt. 
From a competency and a good home, they had come 
to poverty. This had caused the family much sor- 
row. His parents were too old to begin life anew 
successfully. He himself was just setting out in life. 
Under these painful circumstances, he said, he deter- 
mined with himself that he would come to Califor- 
nia, and, if brains and honest industry would suc- 
ceed, he would accumulate . enough means to repur- 
chase the old family mansion, and make his old par- 
ents comfortable the remainder of their lives. He 
was successful ; and within a few years he returned 
with ample funds, repurchased the ancestral domi- 
cile, and placed his parents within the pleasant old 
home in which he himself was born. During their 
remaining days they were well provided for by this 
faithful son. 

But, while a portion of those who came early to Cali- 
fornia to improve their condition succeeded well, much 
the larger number utterly failed. Many came to pre- 
mature deaths by violence, accidents, and sickness caused 
by excessive hardships and privations. I should think 
that about thirty per cent, of the early immigrants per- 
ished in this manner. I was told that a party of about 



PASSENGERS OF THE MARGARET. 383 

thirty miners from Texas lost one half of their number 
in personal conflicts. 

As illustrative of the sad fates of so many in early 
life, I will quote the following lines, composed by B. L. 
d'Aumaile wliile a prisoner in San Francisco, and first 
published in the latter part of 1856 or the beginning of 
1857. There was reason to believe that the author was 
not guilty of the crime alleged against him. The first 
graveyard in San Francisco was on Russian Hill, so 
named from the fact that the first person buried there 
was a native of Russia. Though the fates of the pas- 
sengers of the Margaret were exceptionally sad, they 
are still illustrative of the conditions of the early gold- 
seekers. 

I stood on the barren summit 

Of the lonely Eussian Hill, 
With a grass-grown grave beside me, 

On a Sabbath morning still, 
And sighed for my old companions, 

Scattered through every zone, 
"Who sailed in the Margaret with me 

But seven short years agone. 

Yes, seven brief summers only 

Have rolled past since that day ; 
'Twas a balmy, soft June evening 

When we anchored in the bay. 
Of the sixteen buoyant spirits 

Enrolled in our companie. 
Twelve lie the green sod under, 

And three are lost for aye. 

The first at my feet was lying. 

Far from his native home ; 
I had watched by his bedside dying, 

Slain by the curse of rum. 



384 RECOLLECTIONS OF AN OLD PIONEER. 

In the dark and rocky cafion, 
"Where the Fresno's waters flow, 

The mangled corpse of the second 
Was buried long ago. 

Three entered the wild Sierra 

To search for the golden ore, 
But back from their quest of lucre 

To our camp they came no more. 
We sought them long and vainly, 

But what their sad fate had been 
We never could tell, but only 

They never again were seen. 

On the hills of the Mariposa, 

Where the dead of '50 sleep. 
On the bank-side by the ravine, 

Where its sluggish waters creep, 
Two mounds, with long grass tangled — 

There moldering, side by side. 
Are the gambler and his victim. 

The unshriven suicide. 

In the green vale of the Nuuanu, 

On the fair isle of Oahu, 
Consumption demanded the youngest. 

Most gallant, most gentle, most true. 
The graveyard of Yerba Buena 

Claimeth another ; alone. 
Far from his friends and his kindred, 

Stands his monument stone. 

One died in the Independence, 
Another on Chagres' shore ; 

One launched on the Pacific 
His bark, and returned no more. 

*' Mourn not the dead ! " the living yet — 
Alas ! there are but four 

Who sailed on the good brig Margaret- 
Better their doom deplore. 



PASSENGERS OF THE MARGARET. 385 

In the valleys of Nukahiva, 

Gem of the Southern Sea, 
The soul of our band, if living. 

Hath fixed his destiny. 
Gladly he went into exile, 

Self-banished from his kind ; 
The stern world's wrong and oppression 

Made wreck of his noble mind. 

From the dungeons of San Quentin 

Ascendeth for evermore 
The wail of a convict, sighing 

For the days that are past and o'er. 
His life to the law was forfeit. 

For the blood his hand had shed, 
But a cruel mercy spared him, 

To be 'mongst the living dead. 

The last and saddest of any, 

A sister she was to us all. 
In the bloom of her girlish beauty, 

"Was lured by a fiend to her fall ; 
On the banks of the Sacramento, 

She leadeth a life of shame ; 
For her there is no redemption — 

Forgotten be ever her name. 

The gifted and brave had perished, 

The beautiful and the young ; 
All trace of their footsteps vanished 

The paths of men from among ; 
While I, as the sole survivor, 

Was left to make my moan ; 
On the shores of the broad Pacific 

I was standing all alone. 



386 RECOLLECTIONS OF AN OLD PIONEER. 



DEFECTIVE ADMINISTRATION OF CRIMINAL LAW IN CALI- 
FORNIA ILLUSTRATIONS PAY THE LAST OF MY OLD 

DEBTS. 

For some eight or ten years after the organization 
of our State government, the administration of the 
criminal laws was exceedingly defective and inefficient. 
This arose mainly from the following causes : 1. De- 
fective laws and imperfect organization of the Courts ; 
2. The incompetency of the district attorneys, who were 
generally young men without an adequate knowledge of 
the law ; 3, The want of secure county prisons, there 
being no penitentiary during most of that time ; 4. The 
great expense of keeping prisoners and convicts in the 
county jails ; 5. The difficulty of enforcing the attend- 
ance of witnesses ; 6. The difficulty of securing good 
jurymen, there being so large a proportion of reckless, 
sour, disappointed, and unprincipled men then in the 
country ; 7. The unsettled state of our land-titles, which 
first induced so many men to squat upon the lands of 
the grantees of Spain and Mexico, and then to steal 
their cattle to live upon. 

As illustrative, I will mention the following cases, 
omitting names for obvious reasons : 

A middle-aged native Californian, belonging to one 
of the richest and most respectable old families of the 
country, was the owner of an extensive and fertile ran- 
cho, bordering upon the navigable waters of the State. 
He owned a large herd of California cattle, running on 
his place. Near the rancho there was a small village, 
between which and San Francisco there was regular com- 
munication by a small steamer. Numbers of persons 
soon engaged in stealing his calves, having the carcasses 



DEFECTIVE ADMINISTRATION OF JUSTICE. 387 

dressed by their otvti butcher in the village, the veal 
shipped to San Francisco by the little steamer, and 
there sold. They were doing quite a thriving and prof- 
itable business. A man some forty-five years of age, 
residing in the vicinity with his family, seeing the ease 
and impunity with which this thieving traffic was car- 
ried on, concluded that he would go into it himself. 
The first thing he did in that line was to steal six calves. 
But in the mean time the Californian, having seen his 
herd rapidly diminishing, had become very vigilant and 
watchful, and our new beginner in theft was caught in 
the act and arrested. Upon being confronted by the 
witnesses and questioned, he confessed. His case was 
brought before the grand jury, and he was indicted for 
grand larceny. 

His case excited great sympathy in the neighbor- 
hood, and, about the time it was coming on for trial, 
one of the leading men of the vicinity came to engage 
me to defend the prisoner. I asked this person wheth- 
er the prisoner was guilty. With a sorrowful expres- 
sion of face he said he thought he was, as he had con- 
fessed it. This person then went into a long history of 
the prisoner. He said it was one of the saddest cases 
he had ever known ; that the prisoner had heretofore 
borne a most excellent character — had undoubtedly been 
honest all his life up to this time — had a most estimable 
wife and several most amiable daughters, one or two of 
whom were grown ; that respectable young men were 
visiting his family ; that the prisoner's relatives were 
excellent people ; and that he and his innocent family 
would be ruined should he be convicted. After talking 
in this strain for about an hour, my informant seemed 
to have forgotten his admission made in the beginning 
of his statement, and closed by saying with great ear- 



388 RECOLLECTIONS OF AN OLD PIONEER. 

nestness : " Governor, I wish you would do your best to 
clear him. He is a good, honest fellow." I replied, 
" This thing of being a good, honest fellow, and steal- 
ing six calves, is what forty Philadelphia lawyers can 
not put together." This reply startled him for a mo- 
ment ; but he soon rallied, and hastily said : " But he 
didn't mean any harm by it. It was almost a universal 
thing in the neighborhood." I told him to go to an- 
other lawyer. 

On the day of trial the prisoner came into court 
handsomely dressed in broadcloth, and was a fine-look- 
ing man. He appeared as little like a thief as any pris- 
oner I have ever seen in court. The District Attorney, 
being young and inexperienced, relied solely upon the 
prisoner's confession for a conviction, and had neglected 
to subpoena the witnesses to the other facts. This tes- 
timony, most likely, would have been sufficient without 
the confession. The result was, that the prisoner's at- 
torney objected to the confession, on the ground that it 
was not voluntary, but made under the influence of 
hope or fear. The court, upon investigation, sustained 
the objection, the confession was not permitted to go 
before the jury, and, there being no testimony against 
the prisoner, he was at once acquitted. This trial took 
place in 1851. I have lately learned that this person 
has conducted himself as an honest man and a good 
citizen ever since that time. There can be no reason- 
able doubt of the fact that he had been led to commit 
one theft under the peculiar circumstances mentioned, 
and that this has been the only criminal act of his life. 

The other case was related to me by the lawyer who 
successfully defended the prisoner, and the facts are 
unquestionably true. The trial occurred about 1852. 

The prisoner was a man of education, about thirty 



ILLUSTRATIOXS. 389 

years old, and lived in one of the finest agricultural 
counties in the State. For some time before the act 
was committed, the people in the vicinity had lost sev- 
eral fine, fat American cattle, and secretly set a watch 
to catch the thief. The watchmen secreted themselves, 
and, after waiting some time, heard the report of a rifle, 
and saw a fat cow fall, and the prisoner rush up to the 
animal and cut her throat with a butcher's knife. While 
in the very act, and before he had removed the carcass, 
the culprit was arrested. 

His case was brought before the grand jury, and he 
was indicted for grand larceny in stealing this cow. 
Upon the trial all the facts were fully proven. The 
theory of the defense was, that the prisoner intended to 
shoot a dangerous bull ; that the cow stood almost in a 
line between him and the bull, and that he accidentally 
hit the cow. While the prisoner's counsel was arguing 
the case before the trial-jury, the District Attorney in- 
terrupted him, and asked him how he reconciled the 
fact that the prisoner cut the cow's throat with the 
theory of accidental shooting? Without a moment's 
hesitation the counsel for the prisoner replied : " That 
is easily answered. When the prisoner saw that he had 
accidentally killed the cow, he knew it was best for all 
parties concerned to bleed the animal properly, so that 
the carcass would be good beef, and thus make the loss 
as small as possible." When the Judge came to charge 
the jury, the counsel for the prisoner offered an instruc- 
tion directing the jury to find the prisoner not guilty, 
as the facts proven showed that the offense charged in 
the indictment had not been committed. He took the 
ground that, to constitute the crime of larceny as 
charged, there must be both a taking and carrying away 
of the property described in the indictment, with the 



390 EECOLLECTIONS OF AN OLD PIONEER. 

felonious intent to steal the same. The Court was com- 
pelled to give the instruction, and the prisoner was ac- 
quitted. That he killed the cow with intent to steal 
was clear ; but that, under the statute, did not consti- 
tute the completed crime of grand larceny, as the pris- 
oner had not removed the carcass. 

This man continued to reside in the same vicinity 
during the remainder of his life. Six or eight years 
after the trial the county was divided by act of the Le- 
gislature, and a new county organized, which included 
this man's residence, and which is one of the richest 
counties in the State. Twelve or fifteen years after his 
acquittal he was elected County Judge of this county. 

While he held this office, the lawyer who had success- 
fully defended him went to the county seat to attend 
to some professional business, and while there walked 
into the court-house, and found the Judge just about 
to pass sentence upon a prisoner who had been indicted, 
tried, and convicted in his court for grand larceny. 
As the scene was novel and most interesting, the lawyer 
took a seat and listened to the sentence pronounced by 
his Honor. The Judge went on, in a solemn and elo- 
quent manner, to depict at length the atrocity of the 
crime of grand larceny, and sentenced the prisoner to a 
long term in the penitentiary. 

It was the extremely defective administration of 
criminal justice in California for some years that led to 
the organization of so many vigilance committees, and 
filled the courts of Judge Lynch with so many cases. 

In the early portion of 1852 I finally succeeded in 
paying the last dollar of my old debts. The total sum 
paid amounted to twenty-eight thousand seven hundred 
and forty dollars. I was henceforward a free man. I 
had been engaged so long in paying old debts that it 



GREAT FIRE IN SACRAMENTO. 391 

became almost habitual, and for a time I felt somewhat 
lost because I owed no man anything. It was a totally- 
new position to me. Our family learn slowly, but they 
learn well, and they practice on what they know. Since 
then I have not been pecuniarily embarrassed for a mo- 
ment, and I owe nothing now. I paid the larger por- 
tion of these old debts in the year 1850. During a por- 
tion of that year I was in great doubt whether I should 
be able to accomplish the object of so many years' labor. 
The flood of the winter of 1849-'50 at Sacramento City 
not only caused the prices of property and rents to de- 
cline heavily, but increased the taxation for city pur- 
poses enormously. The rate of taxation that year for 
State, county, and city purposes, at Sacramento City, 
amounted to ten per cent, of the assessed value of the 
property. This extra tax was required to construct the 
first levee. 

GREAT FIRE IN SACRAMENTO CITY ASSIST IN REBUILD- 
ING THE CITY RANCHO OF SAMUEL NORRIS COURS- 
ING THE JACK-RABBIT. 

On the evening of November 2, 1852, the great fire 
occurred at Sacramento City, which swept off two 
thirds of the town. Improvements that cost me about 
twenty-five- thousand dollars were consumed in half an 
hour. When I arrived in the city on the 5th, the busi- 
ness portion of the place, with the exception of here and 
there a solitary brick house, was one waste of dark deso- 
lation. The streets could scarcely be distinguished from 
the blocks. Notwithstanding this great and severe loss, 
that indomitable people were not at all discouraged or 
unhappy. They even seemed inspirited. You would 
meet w"ith no downcast looks. No people that I ever 



392 RECOLLECTIONS OF AN OLD PIONEER. 

met can compare with those of Sacramento City in pa- 
tience, energy, and unconquerable courage. In San 
Francisco they had two large and terrible fires in 1851, 
but they had no floods. In Sacramento City they had 
a succession of both fires and floods ; and yet, at this 
date, Sacramento is the most prosperous city in the 
State. All honor to that noble jieople ! On the 10th of 
November the regular rainy season set in. 

There have been four overflows of Sacramento City. 
The first occurred in the winter of 1849-'50, the second 
in March, 1852, the thu'd in the winter of 1852-53, and 
the fourth and last in the winter of 1861-62. The 
second passed away so soon as to inflict but little in- 
jury comparatively, but the others were much longer 
in duration and far more serious in their effects. No- 
thing could be done during the floods, nor for about 
two months after the waters subsided. 

I moved to Sacramento City early in December, 
1852, to assist in rebuilding it. A proposition was 
made by the people of Grass Valley to construct a 
plank-road from that place either to Marysville or Sa- 
cramento. The distance to Marysville is about half of 
that to Sacramento City. The people of Grass Valley 
would be governed in their choice of a terminus of the 
road by the amount contributed by each of the two 
competing cities. The road to Marysville would cost 
less, but that to Sacramento would terminate at the bet- 
ter point. A large public meeting was held at Grass 
Valley in the month of February, 1853, and delegates 
were present from Sacramento and Marysville to rep- 
resent the people of those cities. At the meeting they 
out-talked and out-voted us, aud we returned rather 
cast down ; but we quietly laid it up in our inmost 
hearts to rely solely upon ourselves, and rebuild Sac- 



THE RANCHO OF SAMUEL NORMS. 393 

ramento City before the people of Grass Valley and 
Marysville could construct the road agreed upon. We 
went to work as soon as possible, and with a will ; and 
by the last of July we had the main streets partly grad- 
ed and newly planked, and by the middle of August a 
new levee well under way. I never saw the people of 
any city work with more energy. I was elected a mem- 
ber of the City Council, and I never toiled more ear- 
nestly, except on the road to Oregon in 1843, and for a 
time after I arrived there to keep from starvation, and 
in the gold-mines in 1848. My first visit to the beauti- 
ful town of Grass Valley was as one of the delegates 
from Sacramento upon the occasion mentioned. He 
who relies upon himself knows the man he trusts. So 
it is with a people who rely upon themselves. Self-reli- 
ance is the only sure path to success in life. Depend 
upon yourself, and you will not be apt to suifer from 
divided counsels. 

While at Sacramento City, in the fall of 1853 and 
the succeeding winter, I was several times at the ran- 
cho of Samuel Norris. This place is about six miles 
from the city, and lies upon the north bank of the 
American River. As all our work in rebuilding the 
city had been successfully finished, and the place put in 
the best condition, I had a little time and inclination 
for some amusement. Norris had four well-trained 
dogs. The first was an old dog he called " Old Bull," 
a cross between the cur and bull-dog. The others were 
greyhounds. The first of these was about five years 
old ; the other two, about two years old, were brother 
and sister. The slut was jet-black in color, and was 
one of the most beautiful animals I ever saw. She was 
a little fleeter than her brother, and the fleetest of the 
pack. Nothing could exceed the ease and grace of her 



394 RECOLLECTIONS OF AN OLD PIONEER. 

movements. The greyhounds were shut up during the 
night before the chase and kept without food, because 
if fed they could not catch the game. 

One evening Norris told me how he had extermi- 
nated the numerous coyotes in his vicinity. He said 
that, mounted on a good horse, he would go out with 
his four dogs, and when the greyhounds came in sight 
of a coyote, in the prairie or in open woods, they imme- 
diately gave chase. When they had overtaken the wolf, 
the foremost hound would run full tilt against him and 
knock him over ; and, if the wolf attempted to run again, 
the hound would overthrow him the second lime. The 
coyote soon found that there was no chance to escape by 
flight, and would then stand and snarl, and thus keep 
the hounds at bay. They would circle around him, but 
never attack him with their teeth until Old Bull came 
up. In the mean time that brave old dog was advanc- 
ing at a slow and steady pace, and when he arrived he 
made not the slightest stop, but laid hold of the poor 
wolf despite his quick, sharp, and terrible snaps ; then 
the hounds pitched in, and the defenseless coyote had 
not the slightest chance for his life, but was strung out 
full length and speedily dispatched. 

Next morning, after an early breakfast, mounted on 
fleet but gentle horses, Norris and myself set out to run 
down the large jack-rabbits then plentiful in that vicin- 
ity. One of these rabbits will weigh as much as two or 
three of the cotton-tail rabbits of the Western States ; 
and, although their gait in running seems to be very 
awkward, they are so swift that it requires the fleetest 
greyhound to catch them. Indeed it is very doubtful 
whether any single greyhound could catch one of these 
rabbits, as the animal would dodge the dog, and thus 
widen the distance between them. 



COURSING THE JACK-RABBIT. 395 

Norris had a smooth, open, and gently undulating 
stubble-field, about a mile long and three fourths of a 
mile wide. Although the stubble had been so closely 
pastured that we could apparently see an animal of that 
size at the distance of fifty yards, yet the rabbit would 
fold his long ears to his body, and then lie so close to 
the ground (which he much resembled in color) that we 
never in a single instance could see him until he started 
to run, although often within eight or ten yards of him. 

The old greyhound, though about as fleet as the 
rabbit, was not so fast as either of the other hounds, 
but he was active, vigilant, and tough, and always started 
the game. He would run hither and thither, searching in 
every place, while the two young hoimds trotted along 
at their ease twenty feet or so behind him, never look- 
ing for the rabbit, but keeping their attention fixed on 
the old hound. The first thing we would know, up 
would start the rabbit not more than eight or ten feet 
ahead of the old hound, and then the race began, the 
rabbit and the hounds running at the top of their speed. 
It was a most exciting chase. Gradually the slut would 
overtake the other hounds, and we could see her gain 
upon them inch by inch until she passed them, and 
then as gradually gain upon the rabbit. "When she ap- 
proached within about four feet of the rabbit, her broth- 
er being about a length behind her, the animal would 
suddenly turn at right angles to the left or right, and 
the two foremost hounds would run over a little before 
they could stop, and, by the time they could turn and 
start again, the rabbit would be fifteen or twenty feet 
ahead. But the old hound was on the watch, and, the 
moment he saw the rabbit double, he would turn and 
cut across, so as to run to a point that would be about 

as close to the rabbit as he was at the start. In the 
18 



396 RECOLLECTIONS OF AN OLD PIONEER. 

mean time the two young hounds were straining every 
muscle to regain their lost position, and soon the slut 
would again be close behind the rabbit, when he would 
double the second time. About the third time the rab- 
bit doubled, the young hound would catch him. The 
slut invariably caused the rabbit to double, but her 
brother as invariably caught him. 

The hounds would catch the first rabbit in running 
half a mile, and the second one in running a mile, and 
the third would outrun them and make his escape. I 
observed that, in running down an incline, the hounds 
would run comparatively faster a«id the rabbit more 
slowly ; but, in going uj) an incline, the rabbit would 
run correspondingly faster. When the speed of two 
animals is the same on level ground, the larger one will 
run faster than the smaller in descending an incline, but 
more slowly in ascending. 

In these races, the only thing that Old Bull did was 
to come up as soon as he could after the death, and, 
like the lion in the fable, appropriate all the game to 
himself. The hounds never objected, as they knew his 
power and courage too w^ell to contest his pretensions. 

Norris said he had seen the speed of his greyhounds 
conclusively tested with that of the antelope. On one oc- 
casion he was out with his horse and dogs, when he saw 
a band of some forty antelopes grazing in open woods. 
He quietly approached as near as he could, and, when 
the antelopes started to run, he and the hounds pursued 
them at full speed. The attention of the fleeing ani- 
mals seemed to have been fixed on him, and they mea. 
sured their pace so as to keep about a hundred yards 
ahead. In this way the two fleetest hounds were per- 
mitted to approach within about twenty yards of the 
hindmost antelopes, the foremost ones being about forty 



REMOVE FROM ALVISO TO SAN J0S6. 397 

yards ahead of tliera. Then the shit made a sudden 
and tremendous dash at the nearest antelopes, but they 
let out a few more links, and were very soon up with 
the foremost ones, and they all so increased their speed 
as to leave the slut far behind. They beat her with 
ease, and yet she was one of the fleetest of her race. 
The exquisite gazelle of Africa, " the child of the des- 
ert," and perhaps the fleetest animal in the world, as it 
is the most beautiful, belongs to the antelope family. 
There has never been, so far as I am advised, any con- 
clusive test of the speed of the gazelle as compared with 
that of the Arab steed. 



THE VIGILANCE COMMITTEE OP 1856 — MY FIRST VOYAGE 
AT SEA INCIDENTS. 

In the month of March, 1854, 1 returned to my home 
in Santa Clara County. At that time I had a large in- 
terest in the town of Alviso, situated at the southern 
extremity of the Bay of San Francisco, where I had 
erected a large frame dwelling-house in 1850. This 
building was constructed of the best eastern pine lum- 
ber, except the frame, was two stories high, was twenty- 
nine by forty-eight feet, and contained ten or twelve 
rooms. I employed the remainder of 1854 in removing 
this house from Alviso to San Jose, about nine miles 
distant. To remove it, we took it all apart, piece by 
piece, without injuring any of the materials, except the 
shingles, and put it together again, each plank in its 
proper place. I worked hard at it myself, as did my 
two sons, John and Armstead, then about grown. I 
employed Stincen, the carpenter of Sacramento, whose 
name has already been mentioned in connection with 
Tom the quack. 



398 RECOLLECTIOXS OF AN OLD PIONEER. 

My first residence in San Jose cost me six thousand 
dollars, and it was afterward sold for one thousand. 
My second residence cost me ten thousand, and after- 
ward sold for two thousand. These instances will indi- 
cate the shrinkage in value of real estate in San Jose. 
It is but justice to say that the prices mentioned would 
not at present be a fair ci-iterion of the value of real 
estate in that city, which would rule neither so high nor 
so low as the rates mentioned. 

During the years 1855 and 1856 I had no business 
employment, having quit the practice of my profession 
early in 1854, and devoted my time to reading. In the 
early part of August, 1856, I was attacked for the first 
time with neuralgia ; and from that date until May, 
1861, I had at intervals a succession of attacks, so that 
I was sick two thirds of the time during that period. 

In 1856 the Vigilance Committee of San Francisco 
was in full and successful operation. I opposed this or- 
ganization on the ground of principle, as I considered it 
incipient rebellion and a fatal precedent. It is very true 
that the good people of San Francisco had great reason 
to be dissatisfied with the administration of criminal 
justice. So many of the then residents of the city con- 
sidered themselves but sojourners ; while they, and many 
who regarded themselves as permanent settlers, were so 
eager in the pursuit of wealth that they could not be 
induced to serve on juries, that that duty thus devolved 
upon those unworthy of the trust. The consequence 
was that the guilty escaped, and crime continued un- 
restrained, until the situation became almost intolerable. 
I made two most vigorous speeches against the Com- 
mittee. These were my last speeches. It is not my 
purpose to go fully into that exciting event, as it is a 
matter of history accessible to all. 



MY FIRST VOYAGE AT SEA. 399 

In August and September, 1856, 1 made my first sea- 
voyage. My son-in-law, C. T. Ryland, and myself left 
San Francisco, on the 20th of August, on board the 
steamship John L. Stephens, for Panama. Supposing 
myself to be very susceptible to sea-sickness, I dreaded a 
voyage, thinking I should suffer severely. I had been 
suffering from a slight attack of neuralgia for some days, 
and I remembered the medical maxim that the human 
system will not generally tolerate more than one disease 
at the same time, and that the principal one will banish 
all the others. When the ship had passed the heads 
and was at sea, I became sea-sick, and I never once 
thought of the neuralgia for some days. But, as soon 
as I had entirely recovered from the sea-sickness, the 
neuralgia came limping back by slow degrees. My own 
experience therefore proved the truth of that medical 
maxim. On my return from New York, on board the 
steamship bound to Aspinwall, I became acquainted with 
a most intelligent gentleman who was far gone with 
consumption, and was on his way to South America in 
the hope that the change might restore him to health. 
"While most of the passengers were sea-sick, he was not 
at all affected. This fact, he sorrowfully told me, he 
regarded as an indication of approaching death. From 
the best estimate I can make, after having made three 
trips between San Francisco and New York by sea, 
about seven per cent, of the passengers escape sea-sick- 
ness entirely, three per cent, are sick the entire voyage, 
and ninety per cent, are sick from one to five days. 

At Aspinwall we went on board the steamship George 
Law, bound for New York. We came by Havana, but 
the yellow fever was then prevailing there to such an 
extent that our commander. Captain Herndon, deemed 
it best not to enter the harbor, but to take in a supply 



400 RECOLLECTIOXS OF AN OLD PIONEER. 

of coal at Key West. We left Key West about two 
hours before sunset. The weather was calm and the 
sky clear. The evening was most lovely, and the chaste 
moonlight danced upon the waves of the restless sea. 
Ryland, myself, and a young man named Twillager, 
occupied the same cabin. I slejDt in the upper, Ryland 
in the middle, and Twillager in the lower berth. 

The moon set that night about 10 p. m., and we had 
all been asleep some hours when, about three o'clock 
A. M., I was awakened by Ryland's entering the cabin 
door. He was more wakeful than we were, had heard 
some stir on deck, had quietly left his berth, gone above, 
learned the cause, and returned. I at once asked him 
what was the matter. He solemnly replied, " We are 
aground." The ship had run in too close to the shore, 
and had reached a position upon a coral reef, on the 
eastern coast of Florida, from which she could not then 
retreat. 

This was about the 9th of September, and the equi- 
noctial storm was just before us. I at once compi'e- 
hended the terrible situation. We had on board about 
one thousand passengers. I hastily dressed myself, went 
on deck, and took a calm survey ; and I thought that I 
could discern through the darkness the dim outlines of 
a low bushy shore to our left. The ship was beating 
upon the reef. When a large wave rolled under her she 
rose, and when it receded she came down upon the rocky 
bottom with a melancholy thump. The human ear never 
heard a sound more terrible than that made by a great 
ship thumping upon a rock. It is a dead, dull sound, 
ominous of death. The ship struck at about full tide, 
and when the tide went down she was as still as a house 
on shore. 

After remaining on deck a short time, I went below, 



AGROUND ON A CORAL REEF. 401 

and found all the passengers up. No one could sleep in 
our situation. I never saw a more solemn assemblage 
of people. Every one seemed to have a clear percep- 
tion of our extremely critical situation. There were no 
jests, no smiles, no witticisms. Those who were profes- 
sors of religion seemed resigned, those who were con- 
firmed infidels seemed indLfferent, while dread sat upon 
the countenances of those who were halting between 
two opinions. We were a little world to ourselves, and 
our little world seemed near its end. 

The darkness was so great that nothing could be 
done until daylight. When day returned, the shore was 
in plain view about five miles distant. The water was 
so shallow and so clear that we could see the bottom of 
the ocean as plainly as one can see the carpet on the 
floor. At the distance of some two miles to our right 
we could see the deep, blue water, while around the 
ship the water was apparently green, owing to its being 
so shallow. The day was calm and beautiful. 

Captain Herndon ordered a large portion of the coal 
to be thrown overboard, and the passengers went to 
work with a will to lighten the ship. There were among 
our passengers two experienced navigators, who had be- 
fore this been engaged in commanding whaling-vessels, 
and were brave, hardy, and skillful seamen. They gave 
their utmost assistance. Captain Herndon Avas going 
all the time. I did not see him stop to eat or drink. 
No man could possibly have done more. The two sea- 
captains put on cheerful faces, went among the lady 
passengers, and assured tbem tliere was no danger ; but 
they would tell me confidentially that our peril was 
great, as we were at the mercy of the fii'st gale, and 
that the calm, beautiful weather was but the prelude to 
the dread equinoctial storm. 



402 RECOLLECTIONS OF AN OLD PIONEER. 

Toward noon several wreckers came in sight, and 
soon sailed all around and close to us. Soon afterward 
a large Spanish clipper-ship hove in sight, and, seeing 
our signals of distress, came as near to us as it was safe 
for her to do. Captain Herndon went out in a small 
row-boat to meet her, and made arrangements with her 
master to take on board a portion of our passengers. 
When he returned he announced to the passengers that 
a certain number could go aboard the clipper, and took 
down the names of those who were willing to go. Ry- 
land and I decided to go. 

In the mean time large quantities of coal had been 
thrown into the sea, a heavy anchor attached to an im- 
mense hawser had been thrown forward some distance, 
and the men were hauling upon it with all the force 
they could apply to the capstan. The tide had risen to 
its full height, the wheels of the ship were put in mo- 
tion, and, just as we, with our carpet-bags in our hands, 
were about to descend into the small boats to go to the 
clipper, the steamship glided off the reef as easily as the 
sea-bird rises from the summit of the wave. As already 
stated, the ship had run in too close to the shore, and, 
when its dim outlines had been discovered by the man 
on the watch, her wheels were reversed ; but, in the at- 
tempt to regain the deep water, she ran upon a bump 
in the reef, and stuck fast. The water gradually deep- 
ened from the shore to the blue water, as we could read- 
ily perceive from the difference in its apparent color. 

As we slowly passed toward the anchor, Captain 
Herndon ordered the hawser to be cut, which was 
promptly done by one of the sailors. It was about three 
o'clock in the afternoon of that beautiful day, and all 
the passengers were on deck. Many efforts of the same 
kind had been previously made to haul off the ship, but 



CAPTAIN IIERNDON. 403 

all had failed, and when at last we succeeded we were 
utterly euriDrised. The head of the ship was turned to- 
ward the deep, blue water, and she moved at a slow and 
cautious rate toward it. We could plainly see the bot- 
tom, apparently gliding beneath and past the ship, as 
we passed over it. During this slow progress from our 
perilous situation to one of comparative safety, not a 
word was said. Every feature was set and every eye 
fixed. We did not know how soon the ship might 
strike upon another bump. At last we reached the deep 
sea, and then such a shout rose from our passengers as 
I never heard before, and never expect to hear again in 
this world. It rang and rang again. One lady, the 
wife of a physician, who had borne the danger with un- 
moved and heroic courage, swooned with joy. 

Soon after the shouts had ceased, I met Captain 
Ilerndon on deck, when he threw his arms around my 
neck, wept, and said, " Governor, my heart was almost 
broken." I remember him with feelings of the most 
tender regard. He was a noble man, and an honor to 
his race. One year after that time, while still in com- 
mand of the same steamship (though her name had been 
changed to that of the Central America), his vessel went 
down at sea in an equinoctial storm off Cape Ilatteras, 
and he and most of his passengers perished. 

The ship was so little injured that in due time we 
arrived safely in the port of New York. Next morning 
I read in the daily papers an account of the voyage and 
arrival of the George Law, but not one word was said 
about our having been aground upon a coral reef on the 
coast of Florida. 



CHAPTER X. 

APPOINTED A JUSTICE OF THE SUPREME COURT — PAIN- 
FUL INCIDENT ANTICIPATED OUR CIVIL WAR — MY 

VIEWS UPON THAT SUBJECT. 

From New York I went West as far as Platte 
County, Missouri, visited the scenes and friends of my 
early days, and returned to California about the 2d day 
of December. I was appointed a Justice of the Supreme 
Court of California by Governor J. Neely Johnson, and 
my commission bears date January 13, 1857. This j^osi- 
tion I held until my term expired early in October, 1858. 

While occupying a seat on the Supreme Bench, a 
remarkable circumstance occurred, which I felt more 
intensely than I can describe. My brother, Glen O. 
Burnett (two years younger than myself), then resided 
in Oregon. He had been an invalid for two or three 
years, and I expected to hear of his death. One day in 
1857 an old acquaintance of both of us came to me in 
Sacramento City, and informed me that he had just re- 
ceived a letter from his father-in-law, in which it was 
stated that my brother died the day previous to the date 
of the letter. As the writer lived in Oregon, only about 
twelve miles from my brother, I had not the slightest 
doubt of the fact. About three months had passed, and I 
was sure my brother was dead, when, one evening, after 
I had closed my judicial labors for the day, and while 
I was descendins: the outside iron stairs that led from 



ANTICIPATED OUR CIVIL WAR. 405 

the court chambers above to the sidewalk, I observed 
a venerable old gentleman standing below, evidently- 
waiting for some one. I could only see the top of his 
head and his long gray hair as it extended below his hat ; 
but when I reached the sidewalk, and saw his face, I 
found he was my brother. My feelings can be better 
imagined than described. He was like one risen from 
the dead. How the mistake originated, I never knew. 

I spent the month of December, 1859, and the month 
of January, and a small portion of February, 1860, in 
the city of New York. During that time I attentively 
read all the most important Congressional debates. 
Early in March, 1860, I returned to Califoi-nia, and told 
my friends that there would be civil war in case the 
Republican candidate should be elected President of 
the United States. No one agreed wnth me in this 
opinion. I thought that I saw, from the tone, temper, 
and matter of the speeches of the Southern members 
and Senators, that they had generally determined upon 
war in the contingency mentioned. It required only 
about one fourth of the population of the United States 
to produce civil war. As in such a contest there can 
practically exist only one party in the rebellious division, 
it required only a decisive majority of the Southern 
people to bring on the war. The minority would have 
not only to submit, but to aid and assist. 

I was born and reared in the slave section of the 
United States, and most of my relatives resided there. 
I knew well the sincerity and courage of the Southern 
people ; but it was a question of principle, and not of 
feeling. The unity and perpetuity of this great nation 
were a cardinal object with me. I could not fight 
against the grand old flag. If an intelligent stranger 
from another planet were to visit this earth, and were 



406 RECOLLECTIONS OF AN OLD PIONEEK. 

the flags of all the nations of this world placed before 
him, he would unhesitatingly select the Stars and 
Stripes as the most brilliant and magnificent of them 
all. No one can ever look upon that flag and forget it. 
Besides, it is the symbol of the first great nation that 
ever established political and religious liberty in its full- 
ness and perfection. Whatever defects may exist in 
our theory of government can be corrected, even at the 
expense of revolution ; hut the tmity and integrity of 
the nation can never he destroyed. The day of weak, 
defenseless States has passed away for ever. Only 
great governments can succeed, now or hereafter. If 
our country should err for a time, and commit tem- 
porary injustice, we must trust her still, and patiently 
and lovingly wait for her returning sense of justice, as 
a dutiful son would for that of his father or mother. 
He who trusts the tdtimate justice of his country 
will seldom be disappointed. 

During the war I was called upon publicly to ex- 
press my opinion in regard to it. My answer was pub- 
lished at the time, but, as usual with me, I preserved 
no copy. As already stated, I published a pamphlet of 
more than one hundred printed pages, in which I gave 
my views in full. I voted for Abraham Lincoln for his 
second term. 



DETERMINE TO EIS'GAGE IN BANKING — ELECTED PRESI- 
DENT OF THE PACIFIC ACCUMULATION LOAN COM- 
PANY — THE INSTITUTION PUT IN PRACTICAL OPERA- 
TION DIFFICULTIES IN OUR WAY CHANGE THE 

NAME TO "pacific BANK." 

When I had finished my work, " The Path which 
led a Protestant Lawyer to the Catholic Church," which 



ENGAGE IN BANKING. 407 

appeared early in 1860, and the pamphlet just men- 
tioned, which was published in the summer of 1861, I 
had a period of leisure. I had given up the practice of 
the law, and did not intend to resume it. I was not in 
debt, and had an income sufficient for a plain, decent 
support. All my children were married and settled for 
life, except my son John M. Burnett. For about two 
years I had time to read, but I could not see how I 
could make my knowledge useful. I maturely reflected 
upon my condition, and came to the conclusion that, as 
my health had been in a measure restored, it was my 
clear duty to make my personal services useful in some 
form. I thought it the duty of all persons, who are 
able, to work. It is the projDer condition of man. 

But what business to engage in Avas the question. I 
had always been unsuccessful in mercantile pursuits, 
and was determined never to engage in them again. I 
was too old to go back to the farm. In considering the 
matter fully, it occurred to me that banking would suit 
me better than any other occupation. It was an honest 
business, in which the temptation to do wrong was 
really less than in almost any other secular pursuit. 
We had in California a gold currency, and that which 
we lent was of full quantity, of pure quality, and of 
fixed value. All we asked of our debtors was to return 
to us the same amount of gold coin they had borrowed, 
with the addition of the interest, which was at the low- 
est market rates. We did not lend money (like some 
individual money-lenders) with the view of ultimately 
becoming the owners of the mortgaged property, as no 
bank would wish to own real estate, except its banking- 
house. 

Furthermore, it was not only an honest business, 
but one very useful to all parties concerned. While the 



408 RECOLLECTIONS OF AN OLD TIONEER. 

income upon the capital was only moderate, and not 
speculative or exorbitant, a sound, well-conducted bank 
was a most beneficial institution to the community gen- 
erally. A bank that never fails affords a safe place of 
deposit for the money of others. This is a great con- 
venience and a great benefit to the depositors. Besides, 
a good bank has it in its power to aid its worthy cus- 
tomers in various ways. The successful manager of a 
bank must necessarily be a first-class business man ; 
must know what kinds of business are safe, and what 
doubtful ; and should supply his customers, not only 
with judicious loans, but with the soundest advice. 
Many a business man is saved by good counsel. So 
many banks had failed in San Francisco, to the injury 
of many and the utter ruin of some of their depositors, 
that a good institution that would be just and yet firm 
to all, I thought, would be a great benefit to its own 
customers, and, by its successful example, to the public 
in general. 

Therefore, after calm and full deliberation, I came 
to the fixed conclusion that I would go into the business 
of banking when a fair opportunity should offer. I was 
then, as now, fully aware of the prejudices existing in 
the minds of many persons against the business. But I 
am one of those independent men who rely upon their 
own judgment in regard to their ovm business. I do not 
follow the opinions of others, unless they agree with 
my own. My business is my affair and not theirs. 

I had not capital enough to engage in the business 
alone, and I could find no one desirous of going into it, 
who could put uj) the same amount that I could. Being 
determined not to endanger the competency I had al- 
ready acquired, so far as I could reasonably avoid it, 
I had to bide my time. 



ELECTED PRESIDENT OF PACIFIC LOAN COMPANY. 409 

In the spring of 1863 I was consulted by some of 
the officers of the " Pacific Accumulation Loan Com- 
pany " in regard to the framing of its by-laAv^s, and 
gave my views promptly. I was then residing in San 
Jose. This institution had been incorporated early in 
Febi'uary, 1863, with a capital stock of five millions of 
dollars, divided into fifty thousand shares of the par 
value of one hundred dollars each, and its principal 
place of business was in the city of San Francisco. On 
the 3d of June, 1863, I was notified by the Secretary 
that I had been chosen President, to fill the vacancy 
occasioned by the resignation of Mr. Samuel Brannan, 
and came at once to San Francisco. I found several 
defects in the charter and by-laws, some of which I did 
not approve. Fii*st, I did not like the name. Second, 
the capital was too large. Third, the by-laws provided 
that the Board of Directors could only demand pay- 
ments upon the stock subscribed for in monthly install- 
ments, not exceeding two per cent. The first thing was 
to obtain subscriptions for the capital stock, and then it 
would require four years and two months to call in the 
amount subscribed. I saw before me the work of a 
lifetime ; yet, as I had a basis to stand upon, I deliber- 
ately determined to undertake the enterprise of ulti- 
mately establishing the soundest and most reliable bank 
in the city. I had no special knowledge of the busi- 
ness, as I had never been trained in this most difficult 
of all secular pui'suits. Circumstances had thrown me 
into different kinds of business during my varied expe- 
rience, but I had made it a general rule not to engage 
in more than one business at the same time, and to de- 
vote my whole attention for the time being to the work 
I had in hand, and to learn it as early as possible. 

Books of subscription for the capital stock of the 



410 RECOLLECTIONS OF AN OLD PIONEER. 

institution had not been opened, and I set to work vig- 
orously to get the stock taken. Mr. Brannan, myself, 
and some others subscribed, but I found that most of 
the very men who were the original incorporators either 
refused to take any stock or subscribed for mere nomi- 
nal amounts. I labored hard at the task for some three 
months, but my success was not satisfactory. About 
the 1st of September I had another attack of neural- 
gia, and returned to San Jose, believing that our bank- 
ing enterprise must fail. I had been at home about two 
weeks when I received a communication from the Sec- 
retary, stating that such arrangements had been made 
as would put the bank into practical operation within a 
few days. 

Upon my return to the city, I was informed that 
Mr. Brannan had positively declared that the enterprise 
inust and should succeed, and had largely increased his 
subscription. One other gentleman had subscribed for 
one thousand shares, four others for two hundred and 
fifty shares each, and others for various amounts. I 
also increased my subscription. We quietly but reso- 
lutely laid it up in our hearts that the enterprise should 
succeed. 

It is but simple justice to Samuel Brannan to state 
that he is the father of the bank. Without his deter- 
mined action, it would never have gone into successful 
operation. He was the first man in California, so far 
as I am informed, that spoke out in public against the 
introduction of slavery into this country. With all his 
faults, he has many noble qualities, and has done much 
for California. 

When we opened the bank, on the 8th of October, 
1863, we had less than twenty thousand dollars capital 
jsaid in. We had about seven hundred thousand dol- 



DIFFICULTIES IN OUR WAY. 411 

lars subscribed, but it would require fifty months to 
call it in. It was a small beginning, and a long, slow 
race, but we did not flinch or falter. The most dur- 
able timber is of slow growth, and the very best fruits 
do not ripen first. Our officers gave their services with- 
out compensation for the first fifteen months. The cur- 
rent rate of interest was then two per cent, a month. 

About the end of the year 18G3 I found to my sur- 
prise that all the directors except myself were in favor 
of paying a dividend early in 1864. I wished to accu- 
mulate a surplus fund, but they outvoted me, and for 
the time I was compelled to submit. In 1864 we paid 
dividends upon the capital paid in, at the rate of two 
per cent, a month. In 1865 they were reduced to one 
and a half and one and a quarter, and in 1866 to one 
and one fifteenth per cent, a month. Dividends were 
then paid semiannually, on the first days of January 
and July. 

As I had foreseen, in the summer and fall of 1866 
the bank sustained losses to such an extent as to compel 
the suspension of dividends for fifteen months. When 
we were about to resume, I introduced a resolution that 
the bank would pay monthly dividends at the rate of 
ten per cent, per annum, until the further order of the 
Board. I was the only one who voted for this resolu- 
tion. The dividends were put at one per cent, a month, 
payable monthly. In the summer of 1871 the bank 
again sustained losses which compelled a second suspen- 
sion of dividends. The last monthly dividend was paid 
September 1, 1871. 

In the mean time we had amended the by-laws in 
several respects, and, by authority of a special act of 
the State Legislature, we changed the name of the in- 
stitution to " Pacific Bank," its present corporate title. 



412 RECOLLECTIONS OF AN OLD PIONEER. 

Later still we reduced the capital stock to one million 
dollars, United States gold coin, divided into ten thou- 
sand shares of the par value of one hundred dollars each. 
The stock of the bank never sold for less than eighty- 
five dollars per share for full-paid stock, but during 
the suspension of dividends it ruled from eighty-five 
dollars to par. According to the report in the " Alta 
California," the market value of the full-paid stock of 
the Bank of California to-day, September 26, 1878, is 
$80 bid and |82 asked ; that of the First National, $89 
bid and |90 asked ; that of the National Gold Bank, 
$79 bid and $80 asked ; and that of the Pacific, $115 
bid, and $110 asked. 

After the second suspension of dividends, Septem- 
ber 1, 1871, and before we could resume, the majority 
of the stock fell into the hands of sound, safe, conserva- 
tive men, who understood banking, and who agreed 
with me not to resume the payment of dividends until 
January, 1877. In the mean time we accumulated, in 
the space of five years and four months, a surplus fund 
of more than half a million dollars. Our capital of one 
million is now full-paid, and we have a handsome sur- 
plus. 

WILD BANKS — SPECULATIVE CHARACTEE OF OUR PEO- 
PLE — INCIDENT. 

I think I can safely say that no sound bank was ever 
established under greater difficulties than the Pacific. 
I am sure that I was never engaged in any business en- 
terprise that required so much thought, judgment, labor, 
fii-mness, and perseverance. We had not only to over- 
come the great difficulties in our charter and by-laws, 
and the serious errors of our governing stockholders. 



WILD BAXKS. 413 

but we had for long years to compete with the wildest 
banks, wielding immense amounts of capital, and enjoy- 
ing almost unbounded credit. I was reminded at times, 
by some of our own directors, that the managers of these 
fast and flashy institutions were fine business men ; but I 
firmly resisted such a conclusion. At an early day I did 
not approve of their mode of business, and then took a 
stand, almost " solitary and alone," that honest and intel- 
ligent time has conclusively shown to have been correct. 

About two years after our little bank opened its 
doors for business, one of the leading capitalists of San 
Francisco, and one of the original incorporators who re- 
fused to subscribe for any of the stock, upon hearing 
some one speak of the Pacific Accumulation Loan Com- 
pany, asked, " Is that thing going yet ? " About 1873 
I met an ofiicer of one of the large banks in the city, 
then in the full tide of success (as was generally sup- 
posed), who twittingly remarked to me, " Governor, the 
signs upon your bank windows are quite pretentious. 
They completely take us down." I made no rejily. 
There was ample opportunity for " patience to have her 
perfect work." 

Before the suspension of the largest banks in this 
city, August 20, 1875, the market value of our stock 
was less than that of any respectable bank in the city ; 
but when that event occurred, and the wild banks went 
down to the level of their intrinsic demerits, our stock 
went up to the head of the list, except that of one other 
bank. The stock of this void concern was still quoted 
in the public financial reports as worth $125 a share, 
when its intrinsic value was not one cent. Finally, how- 
ever, in the fall of 1877, that bank failed, and left the 
stock of the Pacific Bank at the head of the list. 

But we had not only to overcome these great difli- 



414 RECOLLECTIONS OF AN OLD PIONEER. 

culties, but to encounter others equally embarrassing. 
The people of California, in proportion to numbers, 
have been, and are yet, the most speculative in Amer- 
ica, if not in the world. At least one half of the men 
who came to this country wei'e full of the most eager 
desire to make fortunes. A good, reasonable compe- 
tency would not satisfy their magnificent expectations. 

Speculation first ran wild in real estate, then in wa- 
ter-ditches, and for the last fifteen years in mining 
stocks. In no city on earth is it so diflicult to ascertain 
the true financial condition of men as in San Francisco. 
With all due care, the average losses of a bank in this 
city, taking a series of ten years together, will run from 
two to four per cent, per annum upon the amount loaned. 
Nothing but the current high rate of interest enabled us 
to make a decent profit. 

All must concede that mining is one of the leading 
interests of this coast, and that permanent investments in 
mines are a legitimate business, though exposed to more 
risks than most other avocations. The investor in a 
mine has two risks to encounter : first, the character of 
the mine itself ; second, the character of its manage- 
ment, which is the greater risk of the two. If the mine 
be poor, it can not be made to pay even by the best 
management. If it be rich, those who practically con- 
trol its management are very apt to depreciate the 
market value of the stock, by working for a time the 
poor ores, or by other devices, and thus compel the 
board of directors to levy and collect a series of assess- 
ments. This process will be continued until the weaker 
stockholders are forced to sell their stock ; and the 
unprincipled managers, through their agents, buy it in, 
having the certificates issued in the name of some per- 
son as trustee. 



SPECULATIVE CHARACTER OF GUR PEOPLE. 415 

But investing in the legitimate business of mining 
is one tiling, and speculating in mining stocks is another 
and a very diffei'ent thing. The first is useful and hon- 
est, because it develops and adds to the wealth of the 
country, while the second does not develop or add to 
its wealth or morals in any form whatever. All the 
necessaries and comforts of life are the products of la- 
bor and skill honestly applied. But the speculator and 
gambler are leeches upon society, and the worst of all 
speculators is the speculator in mining stocks. It is the 
most deplorably demoralizing of all occupations digni- 
fied by the name of business. It speedily corrupts 
crowds of people, and keeps them idle ever afterward ; 
because the man who has once experienced the wild ex- 
citement and tasted the insane luxury of a successful 
speculation in mining stocks is, as a general rule, for 
ever totally unfitted for any useful occupation. What 
sound business man would ever employ as a clerk a 
young man who had been once successful in mining- 
stock speculations ? AVhat is such a being fit for dur- 
ing the remainder of his life ? If unsuccessful in his 
first effort, he is peculiarly fortunate, for then he may 
be saved from that worse than gambling pursuit. But 
it is just about as difficult to cure the once successful 
speculator as to reform the confirmed drunkard. 

For one or two years before the late rise in the mar- 
ket value of mining stocks, crowds of men in the prime 
of life could be seen standing on the streets idle. Their 
listless faces and seedy, dilapidated appearance indicated 
extreme laziness and destitution. But since the rise they 
appear jubilant. They are now seen on the streets with 
clean-shaven faces, neatly combed hair, new clothes, new 
hats, and new boots nicely polished. They seem as much 
revived as withered grass after a plenteous fall of rain. 



416 RECOLLECTIONS OF AN OLD PIONEER. 

It is well known to all intelligent men, who have 
been in business in this city for any considerable time, 
that mining speculators will readily sacrifice their best 
friends, because they can. The old adage, "A long 
stitch for a friend," is most applicable to this character 
of swindling. When you hear one of these men say he 
has a confidential " point," as it is called, in regard to a 
certain mine, you may justly conclude that he has his 
stock in the hands of a broker for sale. So, if you hear 
a man putting a certain stock, and saying he would in- 
vest if he only had the money, you had better conclude 
that he is anxious to sell. The only possible way in 
which these gamblers in mining stocks can deceive a 
sensible man is by telling the truth. That would be 
such a singular case as to deceive any fallible being. 

A man who had once been in the habit of lending 
on mining stocks as collateral told me an incident with- 
in his own knowledge. He lent a man a sum of money, 
and took from the borrower what is called an " iron- 
clad note," secured by the pledge of a certain number 
of shares of a certain mining company. The note was 
payable one day after date, and contained a clause 
stipulating that the borrower should keep up the mar- 
gin on the stock. If it should depreciate in its market 
value, the borrower was to put up more stock, or reduce 
the debt by a proportionate payment in money. In 
this case the stock was declining in value, and the lender 
was continually calling upon the borrower to keep good 
the margin. This the lender did several times, and the 
margin was made good by the borrower putting up 
more stock. The lender urged the speculator to sell, 
but he refused, insisting that the depression was only 
temporary. But the stock still continiied to decline, 
and the lender as continually called for more stock, and 



SECRET SrECULATION IN STOCKS. 4-17 

urged the borrower to sell, saying to him, " I can not 
spare you. In case of a speculation you would get all 
the profit, and you must take all the risk. The chance 
of profit and the risk of loss must go together." 

The borrower at last had no more stock to put up, 
and no money to reduce the debt. He concluded to go 
to a large stock-speculator, and ask his opinion about 
the mine. This stock-sharp at once replied that it was a 
good mine, and that the dei^reciation of the stock in the 
market was a bear movement, and that it would soon go 
up again. " But," said the borrower, " I have borrowed 
money on my stock, and I am called upon by the lender 
to put up more stock, but I can not do it." " Well," 
said the sharp, " I will lend you the stock. How many 
shares do you lack ? " and, upon being informed of the 
number, he at once handed over to the borrower the 
stock required. At that very time this large operator 
was selling out that very stock as rapidly as he could. 
He lent this parcel of stock to keep it from being 
thrown upon the market. But the stock still declined, 
and the lender gave orders to his broker to sell every 
share that very day. The stock was sold accordingly, 
and by this prompt sale the borrower was saved several 
thousand dollars, as the stock continued to decline until 
it went much lower. 



MERCHANTS AND OTHER BUSINESS MEN OFTEN SECRETLY 

ENGAGE IN" STOCK - SPECULATIONS ILLUSTRATIVE 

CASES OF SPECULATION FAILURES SOMETIMES FALSE- 
LY ATTRIBUTED TO SPECULATION IN MINING STOCKS, 

Men engaged in mercantile and other kinds of busi- 
ness in this city are often secretly concerned in speculat- 
ing in mining stocks. If the firm has a temporary 



418 RECOLLECTIONS OF AN OLD PIONEER. 

surplus of money, one of the younger partners is very 
apt to propose to invest that surplus, and no more, in 
mining stocks. Each speculator pays himself the vain 
compliment to think that, by watching the market care- 
fully, he can know when to buy and sell or that he is 
born to good luck. If the firm should succeed in the 
first attempt, then all the partners become so elated that 
they can not condescend to attend to the dull routine of 
regular business, in which there appears to them nothing 
worthy of their genius or enterprise, the amount made 
required so little time and labor. So they go in deeper 
and deeper. When they sustain losses they are plucky, 
and act upon the sharp's maxim, "Seek your money 
where you lost it." They forget the true and sober 
maxim, "Never be deceived twice in the same way," 
and never stop in their wild career until they are f oi'ced 
to do so by utter insolvency. 

On the contrary, if a firm be embarrassed pecuniari- 
ly, then the partners are tempted to engage in specula- 
tions in mining stocks as a measure of relief. If suc- 
cessful (as in some rare cases may happen), they get 
out of their difficulties for a time, but hardly ever re- 
main so permanently. 

These men fraudulently hold themselves out to the 
business world as only engaged in regular and useful 
business. Their stock operations are profoundly secret. 
The certificates of stock are adroitly put in the name of 
some man as trustee, and endorsed by him in blank on 
the back, and thus pass from hand to hand like a note 
endorsed in blank or a bond payable to bearer. You 
may examine the books of all the numerous companies 
in this city, and you will never find any stock standing 
in the names of these men. Not a share. The first 
thing known is the failure of the house. Men above 



ILLUSTRATIVE CASES OF SPECULATION. 41 9 

the age of fifty, and who have been sound, safe, and 
reasonably successful for years, occasionally go into this 
wild gambling, and are ruined. In fact, age and ex- 
perience seem no sufficient protection against this in- 
fatuation. Lamentable cases often occur. Some are 
ludicrous, and some are too serious to be so, though 
equally stupid. Women are often seen crying in the 
streets, because they have been gambling in mining 
stocks, and have lost all. 

Another difficulty in the way of commercial banking 
in this city was the absence of good collaterals. Very 
few of our business men had invested in United States 
bonds, because the rate of interest was too low, and 
our State bonds had been mostly absorbed by the State 
School Fund, while our best county bonds had gone to 
the East and to Europe. The only abundant collaterals 
were mining stocks, and these were not reliable, with 
all the "iron-clad" notes that could be taken. We 
were, therefore, compelled to lend on names, and to a 
large extent upon single names. Hence the great losses 
sustained, and the very moderate net profits realized. 
Besides, the amount of bank deposits in San Francisco 
is much less in proportion to bank capital than in other 
commercial cities. 

In illustration, I will mention a few cases. 

A millionaire came from the East to spend the win- 
ter in California, and brought letters of introduction to 
me. We had many conversations about business, and I 
urged him not to touch mining stocks. But in a month 
or two the yellow fever of speculation obtained the 
mastery over him. He was about sixty years of age, 
and his annual income was about one hundred thousand 
dollars. He said to me at last that he had concluded to ■ 
risk fifty thousand dollars in mining stocks, as he dc- 
19 



420 RECOLLECTIONS OF AN OLD PIONEER. 

sired some excitement, and could readily stand the loss 
of that amount. I said no more to him, but left him to 
himself. The next spring he sold out his stocks, and 
had made about twenty thousand dollars net profit. He 
was much gratified, and no doubt thought himself more 
than a match for the San Francisco sharps. I had care- 
fully explained to him the process by which they would 
ultimately catch him, but he had not yet comprehended 
it. The succeeding fall he again came to spend the 
winter in California, and again went into speculations 
in mining stocks. As he kept his cash account with the 
Pacific Bank, I often saw him ; but he said nothing to 
me, nor I to him, on the subject. But, when he came to 
close out the second spring, he wore an extremely long 
face. I observed his downcast looks, and asked him how 
he was getting along. He replied, " Governor, I feel 
very blue. I have lost thirty-two thousand dollars in 
mining stocks." This was a ludicrous case, in regard to 
"svhich I could afford to laugh heartily. 

One of our leading capitalists informed me that on 
one occasion he determined to engage in speculation in 
mining stocks. He said his practice was to purchase 
when they were highest, for fear they would go higher, 
and to sell when they were lowest, for fear they would 
go lower. He soon found that he had sustained losses 
to the amount of more than eight thousand dollars. He 
also said that the most amusing feature in his case was 
the fact that his losses occurred while he was dealing in 
the stock of a mine of which he was president. His ex- 
perience proved that no man can see beyond the point 
of the pick. 

A gentleman of my acquaintance told me that one 
evening in 1878 he was riding in a street-car in this 
city, and that there sat opposite to him a neatly but 



ILLUSTRATIVE CASES OF SPECULATION. 421 

not extravagantly dressed married lady, some twenty- 
five years old. She was evidently a woman of educa- 
tion. Soon a gentleman, who appeared to be an ac- 
quaintance of herself and husband, entered the car, and 
took a seat beside her. She was a loud, fluent talker, 
and at once commenced, and soon explained to him their 
present as compared with their former condition. She 
said they had been rich, but had lost all in mining 
stocks ; that they had given up their fine residence, 
splendid furniture, and magnificent horses and carriage ; 
that they had dismissed their numerous servants, and 
had taken a small, neat, but comfortable cottage ; that 
she rose early and prepared breakfast, then went out 
and taught a class in music, returned and cooked dinner 
and supper ; and, in fact, that she did all her house- 
work herself, and never was so busy or more healthy. 
At the end of her narrative she paused for a moment, 
and then exclaimed, with increased emj^hasis, " JBut we 
had a grand time ichile it lasted.'''' 

The same gentleman informed me that he knew a mer- 
chant in one of the interior cities of California who was 
a partner in a most respectable mercantile firm, which 
for years had done a safe, prosperous, and honorable 
business. This man was considered an exemplary 
member of society in his city, but he became tired of 
his position, sold out his interest in an excellent business, 
and went into speculations in mining stocks. My in- 
formant said he had not seen this man for several years, 
when he met him in the streets of San Francisco in 
1878, and inquired how he was progressing. The man 
replied, " You know I was at one time worth one hun- 
dred and twenty-five thousand dollars in cash ; but I 
have lost it all. I would not have regarded the loss of 
the money so much, had I not lost it on a sure thing.'''' 



422 RECOLLECTIONS OF AN OLD PIONEER. 

The melancholy truth was, the man had not alone lost 
his money, but he had lost his capacity for all useful 
business, and also his moral principles. This is one of 
the sad cases. 

On one occasion a well-dressed lady came to the 
bank and engaged in a long conversation with our 
cashier. On passing through his department several 
times, I observed the lady frequently weeping. After 
she had left, I inquired of the cashier as to the subject 
of the interview. He stated substantially that she 
came to sell him an elegant copy of Audubon's " Birds 
of America," and had explained to him the reasons for 
offering it for sale. She said that she was then living 
with her second husband ; that her first husband, who 
was much older than herself, had died and left her a 
fortune ; that her second husband was of suitable age 
for her ; that she had married him some eight months 
before, and soon after his return from Europe, whither 
he had gone to complete his education ; that he was a 
finely educated gentleman ; that they had been some 
months in San Francisco on a visit ; that they had in- 
vested all her money in mining-stock speculations, and 
had lost all ; and that they were upon the verge of 
actual want, and were compelled to sell everything they 
could spare to procure the mere necessaries of life. It 
was evident that her second marriage was a love-match ; 
and that, while her second husband was an accomplished 
gentleman, he was but a child in business. This case 
was too sad to laugh at. 

"When I arrived in San Francisco in March, 1849, I 
found an old settler residing here with his family. He 
was a man of means, and left the city about 1855, and 
settled in one of the States east of the Rocky Moim- 
tains. About 18T3 he sent a telegram to his banker in 



FAILURES FALSELY ATTRIBUTED TO SPECULATION. 423 

this city to this purport : " Buy mining stocks for me 
when they are lowest, and sell when they are highest." 
He no doubt thought his fortune was certain, as in his 
opinion this j^rocess could not fail. If his banker would 
only obey orders, how could there be a failure ? But he 
was no doubt greatly surprised when his banker replied 
that they could not do that kind of business. When 
stocks were lowest or highest, no man could tell. 

But I have every reason to believe that failures are 
sometimes falsely attributed to speculations in mining 
stocks. This pretense is resorted to in order to swindle 
creditors. 

For example, a firm composed of two or more part- 
ners, finding business dull and expenses and losses great- 
er than gains, deliberately determine to cheat their cred- 
itors, and in this way to make a handsome profit. How to 
do so successfully, and with the least possible delay and 
disgrace, is the question with them. Bankruptcy they 
know to be not only a slow but an uncertain mode ; and, 
to save anything, they must hide their money, commit 
perjury, and incur a stain upon their business honor that 
will stick to them as long as they live. They therefore 
adoi3t the common plan of compromising with their 
creditors. But to do this successfully they must make 
out what claims to be a full and true statement of their 
assets and liabilities, and must be prepared to satisfy 
their creditors that this statement is true. Perhaps 
only six months before they had made a statement in 
full to the mercantile agencies, or to some of their cred- 
itors, showing the firm to have been then in a fair 
condition. But, when they make out a statement for a 
compromise, showing so great a difference, how are they 
to account for the discrepancy between the two state- 
ments ? Every sensible business man will at once see 



424 RECOLLECTIONS OF AN OLD PIONEER. 

that such extraordinary losses, if truly such, must have 
been produced by unusual causes. Some creditor will 
be certain to ask this question : " What caused these 
heavy losses in so short a time ? " This home question 
must be answered satisfactorily, or the proposition for a 
compromise, upon the payment of a fraction on the dol- 
lar, can not succeed. If they give an explanation, the 
falsity of which from its nature can be shown by inves- 
tigation, the fraudulent attempt must fail. The partners, 
fully comprehending the situation, will of course come 
prepared to answer that some one of the firm had been 
speculating in mining stocks, and had secretly used the 
partnership name to borrow money, which had been 
lost. The moment this answer is given, the creditors 
are at fault. That region of darkness can not be jDene- 
trated. All possible inquiries can not expose the falsity 
of the answer. His broker is pledged to secrecy, the 
stocks stand in the name of some one as trustee, the 
certificates were endorsed in blank, and it is impossible 
to trace him. The partners have either agreed among 
themselves which one of them should bear the odium, 
or have settled it by lot. The creditors will naturally 
sympathize with the apparently innocent partner ; and, 
for his sake and that of his family, they agree to the 
proposition. Having discharged one partner, they le- 
gally discharge the other. The firm, having been thus 
released from their debts upon the payment of a frac- 
tion of them, start anew, with a fine capital and no lia- 
bilities. 



TRUE RULE AS TO CONTRIBUTIONS. 425 

TRUE RULE AS TO BAJJK CONTRIBUTIOKS — BANKING A 

TRYING BUSINESS THE INFALLIBLE BANKER FIVE 

MAIN POINTS TO CONSIDER IN MAKING LOANS — DE- 
VICES TO OBTAIN CREDIT. 

Soon after our little bank went into practical opera- 
tion, we were called upon to contribute from the cor- 
porate funds for various charitable purposes. This bank, 
being the first incorporated commercial institution in 
this city, had to take a just stand upon this subject and 
maintain it. Up to this period all the commercial banks 
in San Francisco were mere partnerships, and of course 
could legally and justly give away the partnership) funds 
by the consent of all the partners. But incorporated 
banks were placed in a new and totally different posi- 
tion, though this difference was not apparent for a time 
to those who asked for contributions. Our charter did 
not allow the officers of the bank to give away the money 
of the stockholders ; and, had the officers done so, they 
would have been individually liable. Besides, it was 
an unjust principle to ask the bank to give in its corpo- 
rate capacity, and then go to each stockholder and ask 
him to give as an individual. This would have been a 
double burden. Our stockholders claimed the undoubt- 
ed right to bestow their charities upon such objects as 
their judgment approved, and in such amounts as they, 
in their own opinion, could reasonably spare. 

It is a wise and salutaiy feature in the charter of 
incorporated banks, that no power is conferred upon 
the officers to give away the funds of the institution. 
An individual banker or a partnership can well do so, 
as they bestow only their own money, and not that of 
others. Most bank officers have but a small amount of 
stock in the institution, and, if allowed to give away its 



426 RECOLLECTIONS OF AN OLD PIONEER. 

means, could acquire a splendid reputation for generosity 
with very little, if any, cost to themselves. The princi- 
pal officer would receive all the praise, while the stock- 
holders would sustain all the loss. He would find any 
number of people who would give him unmerited praise 
for solid gold, without caring whose money it was. 

I soon saw what the ultimate result must be, should 
we act upon a false theory ; and I took the stand that, 
as a bank, we would give nothing except to celebrate 
the fourth of July, and in some other extraordinary 
cases, approved by all. In this position I was sustained 
by the stockholders, who were people in every condition 
of life, and of different political and religious views. 
On this point we heard no complaints from the stock- 
holders. Each of us gave individually to such objects 
as he approved, and in such amounts as he pleased. 

As already stated, I had had no special training as a 
banker. I possessed, as I thought, a fair amount of 
general business knowledge. In my business transac- 
tions, I acted upon Lord Chesterfield's rule of polite- 
ness — " softness in the manner, but firmness in the exe- 
cution " ; and I found this an admirable rule for a 
banker. My first care in my new position was to com- 
prehend the true situation. I had engaged in a trying 
and perilous business, that required for its successful 
management not only a comprehensive knowledge of 
business in general, but a superior judgment of men — 
the highest order of business capacity. I was often 
forcibly reminded of that profound couplet of Pope : 

" The good must merit God's peculiar care ; 
But who, but God, can tell us who they are ? " 

I soon found that a banker would be called either a 
hard man or a fool. If he lent the money of the bank 



BANKING A TRYING BUSINESS. 427 

carefully and successfully, they would call Lim a hard 
man, an old fogy, and an old fossil. On the contrary, 
if he lent the money of the institution carelessly, and 
ultimately lost it, he would he justly called a fool. He 
would be judged by ultimate results. A banker must 
make up his mind as to which reputation he prefers. I 
never do an idle and vain thing, if I know it. When I 
undertake any business, I mean to succeed, if I can do 
so by fair and just means ; and, if I can not attain suc- 
cess by such a course, I quit the business. 

A banker is exposed to every 2^ossibIe test, as he 
meets every class of men, in all their various conditions 
and moods. If he is avaricious, they w^ill be very apt 
to overcome him with jiresents and commissions. If he 
is vain and has a lust of praise, they will flatter him to 
his heart's content. If he is indolent and good-natured, 
they will pleasantly induce him to make bad loans. If 
he is too kind-hearted, they will overcome his sympa- 
thies. If he is timid, they will bully him. If he is ex- 
citable, they will worry and confuse him. If he is not 
clear-headed, they will out-talk and persuade him. In 
short, he has to encounter every class of men : the good, 
safe business man, with whom it is a pleasure to deal ; 
the partially insane and abusive man, when pecuniarily 
embarrassed ; the vain, conceited man, who thinks he 
knows it all, and piles up his advice ; the eager, vision- 
ary, financial dreamer, full of "hopes and schemes" ; 
the bold, reckless, and unprincipled speculator ; the 
cheat, the forgei-, the thief. Each one comes with his 
speech prepared in advance. A banker will in due time 
find out that the best talkers are generally "men of 
words and not of deeds." They talk remarkably M^ell, 
but do not generally pay. The chronic borrower, from 
long practice, understands borrowing as a science. He 



428 RECOLLECTIONS OF AN OLD PIONEER. 

will use very few words, but will ask, in a very simple, 
pleasant way, " Mr. President, are you discounting any 
first-class paper to-day ? " " Yes, sir." " I have a note 
of that class to offer." Upon the note being declined, 
he retires with the same ease and grace with which he 
entered. 

A banker may for a time gain the reputation of pos- 
sessing an infallible judgment of men, if he will only 
adopt the bold plan of quickly and promptly saying yes 
or no to all applications for loans. If a good man comes 
and asks for a loan, and it is instantly granted, he, Jcnow- 
ing that he is good, goes away, saying to himself, " What 
a splendid judge of human nature ! " If the visionary 
comes, and as promptly obtains a loan, he, thinking him- 
self good, goes away admiring the wonderful instinct of 
the banker. So of all other classes of borrowers who 
succeed in obtaining loans. As all receive what they 
asked for, they are all pleased, and all equally filled 
with admiration. The good talkers among the success- 
ful borrowers will fill the city with their loud and oft- 
repeated praises of the wonderful qualifications of this 
most j)i'ompt banker. Those he as promptly refuses are 
men notoriously in bad credit, and they, too, admire 
the banker's off-hand sagacity in understanding them 
so quickly. The reputation of the banker lasts until 
time, with its absolute veto, puts him down to his proper 
level. Then men begin to learn that hasty loans too 
often end in large losses. 

In considering a proposed loan, there are five main 
points of inquiry : 

1. Is the proposed borrower thoroughly honest ? 

2. Has he an adequate capital ? 

3. Is his business a reasonably safe one ? 

4. Does he manasre it well ? 



DEVICES TO OBTAIN CREDIT. 429 

5. Is he a good economist in his living ? 

All these should concur to make a loan a fair busi- 
ness risk. 

We are often forced to form a judgment of men 
from very trifling circumstances ; but these are keys to 
the position. Men may successfully conceal their real 
characters in important matters, but will reveal them in 
little things. If a man borrows money, and at the same 
time is found insuring his life for the benefit of his 
family, or improving a homestead, or living above his 
means, or driving fine horses, or doing any other thing 
incompatible with the condition of an honest debtor, 
those who lend him money will be very apt to receive a 
notice to attend a meeting of creditors. 

It is surprising how many devices (most of them 
old, but some of them new) unprincipled and extrava- 
gant men will resort to in order to obtain money. 

For example, a speculator will purchase and pay for 
a valuable and productive parcel of real estate, which 
he will never encumber. Upon the credit of this prop- 
erty, say worth fifty thousand dollars, he will borrow 
various sums from different jiarties, at intervals running 
through several years, always paying his notes punctu- 
ally. The lenders keep their own business to them- 
selves, each one thinking the borrower owes nobody 
but him. This process will be continued, the sum total 
of borrowed money increasing about in proportion to 
the interest paid, until at last he sells the property for 
cash, and his creditors find nothing whereon to levy. 

Another speculator sets out in his early manhood to 
speculate in produce, say cotton or grain, and he delib- 
erately adopts a theory, either originated by himself or 
suggested to him by some older head. He determines 
to conduct the business as carefully as he can, but ujion 



430 RECOLLECTIONS OF AN OLD PIONEER. 

borrowed capital and at the risk of others. If he should 
succeed, he will pocket all the profits ; if he should fail, 
his creditors must bear all the loss. He will be liberal 
in his charities and in his contributions to public ob- 
jects, as his generosity costs Mm nothing, and he re- 
ceives great praise without merit. He will be a gener- 
ous patron of the fine arts, and be called a man of fine 
taste. In the course of time he suspends, and com- 
promises with his creditors at a fraction on the dollar, 
giving them a verbal promise (not binding in law) that 
he will in time pay every dollar of his old debts, with- 
out interest. At this, his first suspension, we will as- 
sume for the sake of illustration that his total assets 
amount to five hundred thousand dollars, and his lia- 
bilities to the same amount, which he discharges with 
two hundred and fifty thousand, thus netting that sum 
by the compromise. He now has a handsome capital, 
and commences business again, and for a time he suc- 
ceeds well. He now borrows still more largely, and out 
of this borrowed money he pays his old debts in install- 
ments. His old creditors are full of gratitude, and are 
loud in sounding his praises on all sides. At the pay- 
ment of each installment of his old indebtedness, his 
credit grows better, until, when all are paid, it rises to 
its summit, and he uses it as fully as possible. 

In the mean time he marries and rears a family in 
splendor and in the enjoyment of all the luxuries of the 
world. In the course of time, however, he overreaches 
himself in his expenses and speculations, and suspends a 
second time, calls his creditors together again, and pro- 
poses another compromise upon the old basis. He as- 
sures them that he will pay every dollar in the future, 
as he did in the past, if they will only discharge him. 
His creditors remember well his former noble act, as 



SOUND VIEWS. 431 

they consider it, and easily agree to release him upon the 
terms proposed. In the second suspension he makes a 
much larger profit than in the first. He starts again with 
increased capital to run the same career. But at his 
death it will be found that his life had been insured to 
a large amount for the benefit of his family, not of his 
creditors, although their money paid the premiums upon 
the policies. His friends, who are generally the best of 
talkers, will attribute his losses to the nature of his busi- 
ness, and not to his extravagance. They never seem to 
imderstand the fact that extravagant family expenses, 
continued for a series of years together, will ruin any 
business, as a general rule. Had he lived in a decent 
and honorable simplicity, as all men should who owe 
others, then he could have paid his debts with ease. 

Whenever any man lives extravagantly, and at the 
same time owes any considerable amount of money, his 
credit in bank should be very low, whatever may be his 
appareiit wealth. No loans should be made him ex- 
cept upon unquestionable security. A man that owes 
nothing has the right to live in splendor ; but, when a 
man has to borrow money to pay family expenses, his 
condition is bad, and his credit should be so too. 

I have lately seen a letter from a man twenty-four 
years old, who is a student at college, to his father, 
from which I am permitted to take the following ex- 
tract : " The tnoment a man spends too much on him- 
self, he is to he watched. Now, I mean whether his in- 
come is one hundred dollars a year or five hundred dol- 
lars a year. This rule applies whether he has or has 
not vices, is or is not honest, a Christian or not one. 
You must not understand me as meaning the old prov- 
erb. If a man spends more than he earns, he icill loind 
tip in the p>oor-hoiise or penitentiary. He may save 



432 RECOLLECTIONS OF AN OLD TIONEER. 

three fourths of what he earns ; that does not make 
much difference with my rule. I mean, if he indulges 
himself in any way, say by overeating, studying, stay- 
ing up of nights, or excesses of any kind." 

There is a depth of sound practical judgment shown 
in this extract, which is remarkable as coming from one 
so young and inexperienced. 

Natural and reasonable wants are few and limited, 
while artificial and unreasonable Avants are many and 
unlimited. When, therefore, a man begins to expend 
• money to gratify these wants, he starts upon a danger- 
ous and downward path ; and, whatever may be his in- 
come to-day, he may, and very probably will, soon ex- 
ceed it. The banker can not rely upon the discretion 
of such a borrower. He may confine his expenditures 
within his income for a short time ; but his want of 
judgment, his extreme selfishness, and his insatiable 
desire to gratify whimsical and inordinate wants, will 
be very apt to cause his ruin sooner or later, and no one 
can tell when this may occur. 

And I lay down this rule as generally true : If a man 
07ice goes through insolvency or bankruptcy, or com- 
promises with his creditors, or indulges in unreasonable 
expenses, he is unworthy of credit. I say generally 
true, as there may be about one exception in ten cases. 



A GOOD BANKER MAY OFTEN SAVE HIS CUSTOMERS FROM 
LOSSES AGAINST THEIR WILL INCIDENTS OF THE SUS- 
PENSION OF CERTAIN BANKS IN 1875 — DIFFICULTY OF 
OBTAINING FAITHFUL EMPLOYEES. 

Sometimes the greatest good a sound banker can do 
his customers, and the one for which he receives at the 
time the fewest thanks and the most censure, is to check 



CUSTOMERS SAVED AGAINST THEIR WILLS. J:33 

their extreme eagerness to grow ricli quickly. Impa- 
tience ruins multitudes of business men. In their great 
anxiety to advance rapidly, and to rival older business 
houses, they are tempted to go too far. This is gen- 
erally the error of young men, and especially of those 
who succeed their fathers in business. The ambitious, 
bold, and inexperienced youngster is easily flattered, and 
thinks he can excel his father. He is very apt to think 
the sum left him inexhaustible, and his credit unbound- 
ed ; while every competent banker knows that most 
young men in our country, who inherit fortunes from 
their parents or others, go to ruin. If a firm, for ex- 
ample, be Smith's Sons, a judicious banker will be very 
apt to decline their paper, though they be rich when it 
is made. It is, as a general rule, only a question of 
time when the firm will fail. 

Other young business men, who have had no fortune 
left them, will be very anxious to make a fortune speed- 
ily, so that they can enjoy it before they become old. 
When they come to their banker with paper for dis- 
count, these ardent customers are nearly always certain 
to consider their paper first-class, and are much sur- 
prised, and often offended, because the paper is de- 
clined. If they are about to enter into some outside 
enterprise, or make a purchase in their proper line of 
business, but much too large for their capital, they see 
the great anticipated profits, while the sound, conserva- 
tive banker can only see probable losses. He therefore 
refuses to lend them the money, much to their disap- 
pointment ; but he saves them from ruin against their 
will and their most persistent importunities. 

About a month and a half before the suspension of 
certain large banks in this city in August, 1875, a cus- 
tomer of ours rushed into our bank one day, and said to 



434 EECOLLECTIONS OF AN OLD PIONEEE. 

me, " I wish to borrow twenty-five thousand dollars for 
sixty days, and I have first-class collaterals to give," 
I quietly asked him to let me see his collaterals, and 
they proved to be one hundred shares of the stock of a 
certain bank, and the same number of shares of the 
stock of a certain other bank. After listening to him 
about twenty minutes, I declined the loan. He was a 
splendid talker, and argued his case remarkably well. 
When he found he could not obtain the loan, he said he 
would go and sell every share of the stock, which he 
did promptly, at about one hundred and twenty-five dol- 
lars a share. When these banks and one other suspend- 
ed, he was not in the city, but returned in a few days 
in the best possible humor, I had saved him, against 
his will, between fifteen and sixteen thousand dollars. 

Another service a banker may do his customers, es- 
pecially young business men, is to require them to pay 
their notes punctually at matvirity. This practice keeps 
them active, vigilant, and firm in making collections 
from their own customers. If unduly indulged them- 
selves by their bankers, they in turn become too indul- 
gent, and ultimate ruin is the legitimate result, 

I remember a case wherein I erred myself, to the 
injury of our ciistomer as well as our own, by being too 
indulgent. He kept a good balance in the bank, and 
we had loaned him, upon his own name, the sum of four 
thousand dollars. He was a man of mature age, steady 
habits, good character, and fair capital. The loan ran 
on for several years, and was renewed from time to time, 
the interest being always punctually paid. Finally, this 
staid, industrious old gentleman went into speculations 
in mining stocks, and, as usual, lost all. The first I 
knew of his failure was from his own melancholy letter 
informing me of the fact. I sent for him, and we had 



INCIDENTS OF BANK SUSPENSIONS IN 1875. 435 

a free conference, in the course of Avbich he said, "I 
wish, to God you had called upon me to pay that note. 
I could have paid it any day, and there would have been 
that much saved." 

When the run on the banks occurred in 1875, we 
knew nothing of it until it commenced. We were then 
told that there was a run on a certain bank, and in half 
an hour afterward that bank closed its doors. In a 
panic the crowd of depositors seem to have an infallible 
instinct. They will be certain to first run on the weak- 
est bank, and then on others in proportion to their want 
of sti'ength. This run on the banks conclusively proved 
the truth and reason of the Scripture command, " Be ye 
always ready." 

We at once stopped all loans, and required those 
who were not depositors with the bank to pay their 
notes as they fell due ; otherwise they would go to pro- 
test. We were compelled, for our OAvn protection, to 
adopt and inflexibly enforce this peremptory rule. They 
urged us to permit the endorsers to waive demand and 
protest. I saw that, if we did this in one case, we must 
in many, and would thus be compelled to carry the cus- 
tomers of other banks through the crisis. I said, " Pay 
or be protested. The rule is as inflexible as the laws 
of the Medes and Persians." 

One man had two notes falling due on the-same day, 
and he urged me to let them go over, upon a waiver of 
demand and protest, as he could not possibly pay them 
when due. I said, "You must pay or be protested." 
He urged and urged again and again ; and about half 
an hour before the bank closed for the day he went out, 
declaring the notes must go to protest. But about fif- 
teen minutes later he came into my office, flaunting the 
notes in my face, and saying he wanted to quarrel with 



436 RECOLLECTIONS OF AN OLD PIONEER. 

me. I told liim to sit down and I would Lear Lim. He 
complained and grumbled about my harshness, and said 
I had hurt his feelings. After he had finished, I said to 
him qiiietly and good-humoredly : " I have my money 
now, and I think I can stand your grumbling," At this 
he laughed heartily, and went away. A day or two 
afterward I mentioned the circumstance to the endorser 
of the notes, and he at once said, " Why, he had already 
provided for those notes." The truth was, the maker 
had other notes falling due within a few days, and was 
not certain that he could meet them unless he could 
induce us to permit these two notes to pass without 
protest. If he could only postpone the payment of 
these two notes, he would have ample means to pay the 
others. 

In many cases I was very sorry for the parties whose 
notes we were compelled to i:>rotest. I remember the 
case of a most admirable man, whose hair was gray, 
and who was evidently a gentleman in every sense of 
the term. I had never seen him before, because he had 
never before asked indulgence on a note of his. He 
assured me that his note had never gone to protest in a 
single case ; and it was so hard, at this period of his 
life, to have his note protested. He exhibited the truest 
financial feeling and honor, and told me that he would 
pay the note within two days if I would permit the 
endorser to waive. I assured him of my kindest feel- 
ing toward him, and of my fullest confidence in his 
good faith ; but the rule of the bank was inflexible and 
must be carried out. He went away sorrowful, and 
left me so. I knew he was a true man. The note 
went to protest, and he paid it within two days there- 
after. I then said to him, "Do not let this protest 
give you any pain. In such a crisis as this, the notes 



FAITHFUL EMPLOYEES HARD TO OBTAIN. 437 

of the best mea go to protest. Under all the circuin- 
stauces, your credit is not impaired at all ; and, if you 
should want any money, come to me and I will lend it 
to you." He went away consoled and satisfied. 

The suspension occurred on Thursday, and on the 
Tuesday following a gentleman of my acquaintance, 
who was an officer of an interior bank, came into my 
office smiling, and inquired whether I thought any 
money could be borrowed in San Francisco on United 
States bonds as collateral. I laughed, and told him I 
rather thought not. He then informed me of the fact 
that his institution, five years before, had purchased 
United States bonds amounting to ninety-two thousand 
dollars, and had held them ever since for this very 
crisis ; and now they were not worth anything for the 
purpose intended. This city is so distant from the 
great financial cities of the world that for some time 
money could not be borrowed upon any collaterals 
whatever. We were offered a loan, secured by a pledge 
of United States bonds, at two per cent, a month, which 
we were compelled to decline. The only loans we 
made for three weeks were small amounts to our good 
depositors, to save them from protest. 

One of the greatest difficulties in conducting a bank 
is to obtain faithful and competent officers and other 
assistants. This is especially so in California, as so few 
young men are natives, whose families are well known 
here. 

The discipline in a bank must be as rigid as that in 
an army. If an employee willfully and deliberately 
disobeys orders, he should be discharged. If, when 
caught in making a mistake, he manifests no feeling, no 
regret, but takes it coolly and indifferently, it shows 
that he has deliberately trained his feelings to bear re- 



438 RECOLLECTIONS OF AN OLD PIONEER. 

proof, and lie is not to be trusted. If he shirks his 
duty, and throws an unfair projiortion of the work 
upon others, he exhibits an unjust disposition, and 
should be discharged. If he is late in coming to the 
bank, so as just to save his time, he had better be 
watched. If he is too fond of display, and carries a 
little cane for show, you had better conclude, 
" Little cane, 

Little brain ; 

Little work, 

And big shirk," 

He will spend too much time on the streets to show 
himself. If he is a fast young man in any way, he is 
unworthy. If he expends all his salary and saves up 
nothing, as a general rule he is unfit. It will do him no 
good to increase his salary, because he will be just as 
poor at the end of the year as he was at the beginning. 
In fact, an increase of compensation is a positive injury 
to him, because it increases his fast habits in pro- 
portion. 

But a young man of good habits, pleasant manners, 
fair health, and good temper, who saves up a portion of 
his income, may be safely trusted. To bear the con- 
tinual strain of good economy is a clear proof of integ- 
rity, good, sound, practical common sense, and self-con- 
trol. Such a man soon becomes independent in his 
circumstances, and does not need to steal. Occasionally 
a young man may be found who is competent, sober, 
economical, and industrious, and who will yet steal from 
sheer avarice ; but such cases are remarkably rare. An 
inordinate love of pleasure is the ruin of very many 
young men in our day. Extravagance in dress and 
living is the great besetting sin of the times, in almost 
every portion of the world. 



EXTREME WEALTH. 439 

EXTREME WEALTH NOT THE HAPPIEST CONDITION IN 
LIFE REASONS FOR THIS CONCLUSION. 

Since the fundamental change in my religious views, 
I have not sought to accumulate a large fortune, nor 
desired to become a millionaire. I understood myself, 
whether others understood me or not. I do not consider 
it the happiest state of life. Far from it. The poor 
need money to supply their wants, while the extremely 
rich desire more wants to absorb their wealth. Extreme 
wealth and extreme poverty are two opposites, neither 
of which is at all desirable. When a man has reached 
the point of independence, where he is secure of the 
necessaries of life with reasonable effort, he is as rich as 
any one, if he only knew it. There are but three legiti- 
mate and just purposes for which a competency is de- 
sirable : first, the privilege of being independent ; sec- 
ond, the power to be just ; third, the ability to be more 
charitable. All beyond these purposes becomes a bur- 
den, which costs more than it is worth. 

As a general rule, it is very difficult to acquire a 
large fortune in any honest, regular, useful business, 
without resorting to measures that can not be approved 
by conscientious men ; such, for example, as monopolies 
of provisions, fraudulent combinations to unduly depress 
or put up the price of stocks, sharp tricks in starting or 
spreading false rumors, and the many other modes of 
overreaching one's neighbor. 

Before a man can engage in these evil practices, he 
must first expel from his bosom all genuine love for his 
race. He must first make his selfish thirst for wealth 
the absorbing passion of his life, and to the same extent 
crush or smother every feeling of his better nature. He 
must first destroy his ccipaciUj for the enjoyment of the 



44:0 RECOLLECTIONS OF AN OLD PIONEER. 

purest and most enduring pleasures of life before he can 
hope to succeed. He begins with a demoralized nature, 
goes on through life in the same condition, " then dies 
the same." 

But, when he attains his position as millionaire by 
these unjust means, he is not at the summit of human 
happiness. There are thousands of vexations in his 
path. His wealth is almost certain to be overestimated 
five to one ; and, while stich a false estimate may flatter 
his vanity, he is expected to give in charity or otherwise 
an amount in proportion to this overestimate. If he 
fails to do this, then he is severely censured by his fel- 
low men ; and if he does comply with these expecta- 
tions he soon ceases to be rich. He is forced by cir- 
cumstances to become to a great extent an isolated being, 
and must limit his friendships to a very small circle. In 
fact, he can scarcely know the haj^piness of disinterested 
friendship, or of devoted love for his children. If he 
mingles freely in society, and is kind and cordial in his 
manners, many of those he meets will seek to take ad- 
vantage of these circumstances to ask for pecuniary 
favors. Committees of both men and women call on 
him for contributions for charitable and other purposes, 
and will bring every influence to bear upon him. If he 
responds, the amount will hardly equal their expecta- 
tions, or secure their genuine respect. He can not go 
through the streets of a city like other men. If he at- 
tempts it, he must dash along at a rapid rate, to avoid 
importunity on the way. If he gives or lends at all, he 
is beset so often and so persistently that he enjoys no 
privacy and no peace. If he gives nothing, then he is 
reproached very justly. He is compelled to go through 
the streets in his carriage, and to have his regular office- 
hours for seeing people, and his home in the country. 



EXTREME WEALTH. 441 

where lie can not be seen ; or he must spend much of 
his time abroad, to escape the incessant importunities 
of friends and relatives, who desire loans they are likely 
never to return. If he is vain, they will flatter him to 
any desirable extent. If he receives any favors, he will 
often be expected to return about ten to one. Like the 
president of a large bank, who received a present of a 
fine Durham calf from an applicant for a large loan, he 
is very certain to become a victim if he consents to ac- 
cept presents. In short, he is forced to become a being 
unlike others. To his condition the lines of Pope are 
most applicable : 

" Painful preeminence ! yourself to view, 
Above life's weakness, and its comforts too." 

But the most deplorable feature in the condition of 
a millionaire, whose fortune has been acquired by unjust 
means, is the unhapj^y effect it generally has upon his 
own descendants, and upon a large proportion of his 
relatives. It is not the practical way to found, but to 
extirpate, a family. How few of the children and rela- 
tives of siich men ever become good and happy mem- 
bers of society ! This is particularly true in our coun- 
try, where the law of entail does not exist. When a 
rich American dies, his property speedily goes into the 
hands of his heirs or legatees, or into the pockets of the 
lawyers ; and, in nine cases out of ten, those who share 
his estate become poor before they die. It is well 
known that rich men make the most complex and silly 
walls of any class of people in our country. His chil- 
dren are reared in idleness and luxury. They may have 
a fair classical education, but no knowledge of business 
or of economy. The father is generally too busy and 
too selfish, and the mother too fond of travel and dis- 



4-42 RECOLLECTIOXS OF AN OLD PIONEER. 

play, to teach the children any practical ideas of the 
serious business of life. When the large fortune is 
divided among a number of children, the portion that 
falls to each one is not sufficient long to maintain his 
expensive habits, because he is ignorant of the cardinal 
principles of practical business. Every true business 
man knows that it requires more sound business knowl- 
edge to retain than to acquire property. 

Even if the parents use all reasonable measures prop- 
erly to rear and educate their children, they will have a 
most difficult task to accomplish. They will find it im- 
possible to conceal from their children the fact that the 
parents are rich ; and it is exceedingly difficult, when 
they are once in the possession of this knowledge, to 
make the young people understand the absolute neces- 
sity of labor and economy. Everywhere they go, they 
hear people talk of their father's wealth, and how he 
ought to spend it, and how his children should enjoy 
life. These false ideas are incessantly inculcated by 
multitudes of people. The children are naturally led 
to conclude that the majority of voices is right, rather 
than the minority ; when the truth is that, in business 
matters, the majority of people are almost certain to be 
in the wrong. Most of the sons, like the great majority 
of mankind, have no natural capacity for business ; and 
how can good business men be made of such material ? 

The result is, the children half obey their parents 
while they must, but at the same time resolve in their 
own minds to show their parents, in due time, how to 
enjoy a fortune. Nine out of ten of the children of 
rich parents ultimately become poor, sour, unhappy, 
and worthless members of society. They generally 
make bad matches. The reason is obvious. Their in- 
feriors in fortune are far more obsequious, deferential, 



EXTREME WEALTH. 443 

and attentive than tlieir equals. Poor young men who 
have just intellect enough to become well skilled in 
the usages and amusements of society, and fluent and 
accomplished in the ordinary topics of fashionable con- 
versation, will be most apt to win the affections of 
young women who have nothing else to do but seek for 
pleasure. Rich young men never see young women 
except in fashionable life, and become enamored with 
some pretty, poor, and extravagant belle, possessed of 
more beauty than good common sense. 

But the effect upon the other relatives is generally 
most injurious. If one of a number of brothers be- 
comes very rich (and especially if such riches be ac- 
quu-ed by impi'oper means), then some of them will 
become agrarians, and urge a division. Some of them 
will be ambitious to rival the rich brother, and will 
plunge into wild speculations and fail. One portion of 
them will refuse to do anything they are competent to 
do, and others will run wild. Most of them will be ex- 
tremely envious of the rich brother. When he assists 
one, he must aid all the others, or they will complain 
bitterly among the kin, and often among strangers. To 
aid so many in comparative idleness and wild specula- 
tions is a huge task. The largest fortune will soon van- 
ish under such exorbitant demands. Each one thinks 
he ought to live as well as the rich brother ; and they 
will do their utmost practically to carry out their views. 
If they do not administer upon his estate during his life, 
they are very apt to succeed after his death. The ulti- 
mate general result will be, that not one member of the 
family, remote or near, not even the rich man himself, 
will be really and substantially benefited by his riches. 
He has only accumulated this large fortune for others 
to waste, to theu* own material injury. 
20 



444 RECOLLECTIONS OF AN OLD PIONEER. 

It is exceedingly difficult for a rich man to protect 
himself against the countless devices of those who seek 
his wealth. In large commercial cities especially, they 
will beset him with every possible plea. Many of the 
cases will be meritorious, as the world is full of real 
misery ; while many vdll be false, as the world is full 
of vice. To protect himself effectually, the rich man 
must be armed with the quills of the porcupine, or cov- 
ered with the hide of the rhinoceros. 

Not long since a man came to a rich old acquaint- 
ance in San Francisco, and asked for the loan of about 
one hundred and twenty-five dollars, to pay his passage 
to New York. He told a most plausible story, and inti- 
mated very plainly that he would commit suicide in case 
he failed to obtain relief. The rich man was deeply 
concerned, and came to me for advice. It seemed as if 
the man's life would be lost by his own criminal act in 
case he could not obtain the sum desired. If the rich 
man refused the request, then he might, to some extent, 
be answerable for the life of a fellow creature. If he 
advanced the money, he might do so to an unworthy 
man, and be thus encouraging vice by rewarding it. 
While we were considering the question, we ascertained 
that this man had drawn from a bank, only two or three 
days before, about one hundred and seventy-five dollars. 
The request was refused; and within a day or two there- 
after the man came into the office of the rich man, and 
boastfully showed him the amount of money he had ap- 
plied for, alleging that he had obtained it from another 
person. 

The general result is as I have stated. Of course, 
there are exceptions enough to prove the truth of the 
general rule. All the close observations of a long and 
active life have satisfied me, beyond a doubt, of the 



WIVES SHOULD BE CONSULTED. 445 

wisdom and truth of the sentiment written some thou- 
sands of years ago, and found in the grand old Bible : 

" Give me neither poverty nor richest 

WIVES SHOULD BE CONSULTED ABOUT ALL IMPORTANT 
AFFAIRS — DAUGHTERS SHOULD BE TAUGHT A KNOAVL- 
EDGE OF BUSINESS — CONCLUSION. 

The late Colonel John Thornton, then the most dis- 
tinguished man of Clay County, Missouri, when consid- 
ering a serious business proposition I submitted to him 
in 1835, ma de a remark to me that at once arrested my 
attention, and met my hearty approbation, it seemed to 
me to be so sensible and so just. He said : " Burnett, 
your proposition strikes me favorably ; but before I de- 
cide upon it I must go home and consult my wife. It 
is a rule with me to consult her upon all important mat- 
ters." 

I adopted it myself, and have only violated it once 
or twice, and was justly punished when I did. I have 
for many years kept my wife well informed of the true 
state of my business affairs ; and we both have taught 
our sons and daughters to understand business. She 
and myself have divided the labors and duties of life 
between us. For example, when we came to live in 
San Francisco in 18G3, I said to her, "Wife, I have to 
run the bank, and you must run the house." She re- 
plied, " All right. You furnish me the money, and I 
will attend to the house." 

As we were well advanced in life, and as we had a 
private residence in San Jose, and as I could use all my 
little capital under my own supervision, we decided to 
occupy a rented house, and we have been tenants ever 



446 RECOLLECTIONS OF AN OLD PIONEER. 

since. We both agree upon the house to be leased, and 
all the bills for rent, fuel, and gas are paid by me. As 
to all other requirements, except my own clothes, she 
purchases and pays for them. I have about as little 
trouble keeping house as an ordinary boarder. The 
only things that I have purchased for the house since 
we came to the city were a few small articles during 
her temporary absence. I never inquire what we shall 
have to eat, and never know until I enter the dining- 
room. I follow St. Paul's recommendation and eat 
what is set before me, asking no questions. She pur- 
chases that which pleases her, and I do the same for 
myself. I have not the slightest concern as to how she 
will expend the money, knowing that she will apply it 
more judiciously than I could. I keep an account of 
all I pay into her hands, as well as of the sums I expend 
for my own apparel, so that I may know how my finances 
are running. "We contract no debts, except for meats 
fuel, gas, and rent, and these are all paid at short in- 
tervals. 

In the course of my long and busy life, I have known 
many rich widows, and about three fourths of them 
lost all or most of their estates for want of business 
knowledge. Their parents and husbands taught them 
nothing about business, and, when they became wid- 
ows, they readily fell victims to the wiles of others. 
We men are engaged in business all our lives, and we 
never learn too much about it ; and it is not at all 
surj^rising that women who have never been taught 
business, and never had any practical knowledge of it, 
should be overreached and cheated by the numerous 
and plaiisible sharpers that are sure to encounter them. 

I knew a rich widow, who lent all the money of the 
estate in the month of May to a smooth, pleasant, plaus- 



CONCLUSION. 447 

ible talker, without security, and lost it of course. This 
loan was made contrary to the advice of her lawyers. 
The result was, that in the month of December follow- 
ing she was forced to borrow money, at two per cent, a 
month interest, with v/hich to pay the taxes ujjon the 
property of the estate. In the final result, the loss, in- 
cluding principal and interest, must have amounted to 
some twenty thousand dollars. This lady finally learned 
business by sad experience, and saved the larger portion 
of the estate. 

My wife and myself have now (September 26, 1878) 
lived together more than fifty years. "We have lived 
happy lives, and I trust we may die happy deaths. Our 
two sons and two daughters are well married. The two 
sons and one daughter reside in this city, and the other 
daughter in San Jose ; and we can see all the children 
and grandchildren within three hours. Our children 
are all that we could reasonably wish them to be ; and 
our grandchildren, so far, have given us no pam, but 
have been a great source of pleasure to us in our old 
age. We have been greatly blest, for which we can not 
be too thankful to our Heavenly Father. Although 

" Time's defacing waves 
Long have quenched the radiance of our brows," 

our affection for each other is as warm and devoted as 
it ever was. 

" The heart that once truly loves never forgets, 
But as truly loves on to the close ; 
As the sunflower turns on her god when he sets 
The same look that she turn'd when he rose." 

We have put our house in order. Our labors are 
about ended. We know not the future ; but Ave abide 



448 RECOLLECTIONS OF AN OLD PIONEER. 

God's holy will with faith, resignation, and hope. 
Charles Carroll of Carrollton said, in his ninety-sixth 
year, that nothing gave him so much satisfaction as 
the fact that he had regularly discharged his religious 
duties. It is so with us. 

" Though we are living now, 'twill soon be o'er ; 
Adown the West 
Life's sun is setting, and we see tlie shore 
Where we shall rest." 



THE END. 



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